In a late-night decision on Thursday, the U.S. Fifth Circuit Court of Appeals ruled to continue blocking a Texas immigration law that would permit state and local police to arrest individuals suspected of crossing the Texas-Mexico border illegally. The New Orleans-based three-judge panel issued a 2-1 decision, stating that the law, Senate Bill 4 (SB 4), passed in 2023, conflicts with federal immigration law. The ruling emphasized the long-standing legal principle that immigration enforcement is a power held exclusively by the federal government.
“For nearly 150 years, the Supreme Court has recognized that the power to control immigration, the entry, admission, and removal of aliens, is exclusively a federal power,” the court wrote in its opinion, as reported by The Texas Tribune.
The law, passed by the Texas Legislature last year, quickly faced legal challenges. The Biden administration filed a lawsuit opposing SB 4, arguing that it intrudes on federal authority. A U.S. District Court initially sided with the administration, but the state of Texas appealed the ruling. Although the Trump administration had previously withdrawn the federal government’s legal challenge to the law, the case continued due to lawsuits filed by El Paso County and two immigrant advocacy groups: American Gateways and the Las Americas Immigrant Advocacy Center. Both organizations are being represented by the Texas Civil Rights Project.
Senate Bill 4 seeks to make unauthorized border crossings a state-level crime. Under the law, individuals suspected of crossing the border outside designated ports of entry could be charged with a Class B misdemeanor, punishable by up to six months in jail. Repeat offenses could lead to a second-degree felony charge, carrying a sentence of up to 20 years in prison.
The legislation also includes provisions for deportation. If a migrant is convicted and serves their sentence, the law requires a judge to order law enforcement to transport the individual to a port of entry for removal from the U.S. Alternatively, the charges may be dropped if the migrant voluntarily agrees to return to Mexico.
