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A U.S. federal appeals court has ruled that Texas can move forward with enforcing its controversial immigration law, SB4, marking a significant development in the ongoing legal battle over state-level immigration enforcement. The New Orleans-based 5th U.S. Circuit Court of Appeals, in a 10-7 decision, overturned a previous 2024 injunction that had blocked the law from taking effect.
SB4, signed into law by Texas Governor Greg Abbott in December 2023, gives state authorities the power to arrest and prosecute individuals suspected of illegally crossing the U.S.-Mexico border. The law also allows state judges to order migrants to leave the country and imposes prison sentences of up to 20 years for those who refuse to comply. Supporters argue that the law strengthens border security, while critics say it conflicts with federal immigration authority.
The Biden administration had initially challenged the law in court, arguing that immigration enforcement falls under federal jurisdiction. However, the case was later dropped after President Donald Trump returned to office, leaving immigrant advocacy groups such as Las Americas Immigrant Advocacy Center, American Gateways, and the city of El Paso to continue the legal fight.
The court’s ruling centered on whether the plaintiffs had legal standing to challenge the law. U.S. Circuit Judge Jerry Smith, writing for the majority, stated that advocacy groups could not establish sufficient injury simply by expanding their services to assist affected migrants. He emphasized that courts must be cautious when plaintiffs attempt to frame broader concerns as direct harm.
Texas Attorney General Ken Paxton praised the decision, calling it a victory for state sovereignty and public safety. Meanwhile, dissenting judges argued that the ruling contradicts established Supreme Court precedent, asserting that states cannot create their own immigration systems independent of federal law.
This decision could have major implications for immigration policy and legal authority in the United States, as debates continue over the balance between state and federal powers in border enforcement.
