TEXAS — A federal appeals court has cleared Texas's 2023 immigration law, Senate Bill 4, to take full effect. The 5th U.S. Circuit Court of Appeals issued the ruling following a lawsuit filed in May by immigration advocacy groups seeking to block several provisions of the measure.
Senate Bill 4 allows state and local law enforcement officers to arrest and potentially remove individuals they suspect of illegally crossing the U.S.-Mexico border. Contested provisions include sections that criminalize certain re-entry cases, even when individuals may later obtain legal status, and penalties for failing to comply with magistrate orders. The law also requires continued prosecution in some cases even when individuals have asylum claims or other pending immigration proceedings.
Immigration advocacy groups have filed legal challenges against the law, arguing it is unconstitutional because immigration enforcement falls under federal authority. They contend that the law’s provisions conflict with federal control over immigration and do not adequately account for people who may have lawful permission to be in the country or active federal cases. A prior federal judge had temporarily blocked the law, citing constitutional concerns.
Attorney General Ken Paxton challenged the earlier injunction blocking Senate Bill 4. State leaders have defended the law, arguing it mirrors federal immigration statutes and falls within Texas’ authority to enforce border security. “Gov. Greg Abbott praised the appellate ruling, calling it a win for Texas border enforcement efforts,” court filings stated.