Federal Appeals Court Upholds Texas Law Targeting Illegal Immigration

The U.S. Court of Appeals for the Fifth Circuit ruled 10–7 on April 24 to allow Texas to enforce Senate Bill (SB) 4, a state law that criminalizes illegal immigration and empowers state authorities to arrest and prosecute individuals believed to have crossed the U.S.-Mexico border unlawfully. The decision overturns a 2024 injunction that had temporarily blocked the law’s enforcement. SB 4, signed by Texas Governor Greg Abbott in December 2023, makes it a state crime to enter or re-enter Texas illegally and authorizes state judges to order violators’ deportation. Those refusing compliance face up to 20 years in prison.

The court did not address the law’s merits, instead finding that the challengers—Las Americas Immigrant Advocacy Center and American Gateways—lacked legal standing to sue. Standing requires plaintiffs to demonstrate a direct connection to the issue at hand. The groups argued that SB 4 was preempted by federal immigration laws under the Immigration and Nationality Act.

In a dissent, Circuit Judge Priscilla Richman contended that Texas lacks authority to create its own immigration framework, arguing that such matters are solely within federal jurisdiction. She emphasized that while states can assist federal authorities in apprehending illegal immigrants upon request, they cannot impose their own immigration policies. The majority, however, upheld the law as a valid exercise of Texas’s sovereign police powers, citing concerns over an unprecedented surge in illegal crossings along the border.

Texas Attorney General Ken Paxton celebrated the ruling, calling it a “major victory for public safety and law and order.” The decision marks a significant shift in the balance of power between state and federal immigration enforcement, with implications for both Texas and broader national debates on immigration policy.