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Appeals Court Lets Texas Enforce Key Parts of SB4 While Challenges Continue

The 5th U.S. Circuit stayed a lower-court injunction, clearing the way for state arrest and deportation powers to be used while the lawsuit moves through appeals.

A drone view shows the sun rise over migrants as they stand along the U.S. side of the Rio Grande while the U.S. 5th Circuit Court of Appeals hears oral arguments on Texas' motion to lift a block on its SB4 immigration law that would allow state officials to arrest migrants suspected of being in the country illegally, in El Paso, Texas, U.S., March 22, 2024. REUTERS/Adrees Latif
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Overview

  • A three-judge panel of the 5th U.S. Circuit Court of Appeals issued a stay on Friday that puts on hold a May 14 injunction by U.S. District Judge David A. Ezra and allows core provisions of SB4 to take effect while litigation continues.
  • SB4 makes certain border crossings and reentries state crimes and gives Texas magistrate judges the power to issue removal orders and require prosecutions to continue in some cases.
  • The appeals decision was split with Judge Leslie Southwick dissenting, and the order itself offered little explanation of how the law should be enforced in practice.
  • State leaders hailed the ruling as a border-security win but Texas officials, including DPS director Freeman Martin, have said they have not finalized operational steps and may hand arrested people to federal immigration authorities instead of pursuing state charges.
  • Civil-rights groups led by the ACLU called the ruling disappointing and promised to keep fighting in court, warning SB4 could lead to wrongful arrests, racial profiling, and conflict with the federal government’s exclusive power over immigration.