The ruling could allow state police to arrest people suspected of entering the country illegally, but questions remain.
SAN ANTONIO — A federal appeals court ruling has revived Texas’ controversial Senate Bill 4, a law that could give state and local police new authority to arrest people suspected of entering the country illegally.
The decision overturns a lower court block that had prevented the 2023 law from taking effect.
Under Senate Bill 4, crossing the border illegally into Texas would become a state crime. The law would allow law enforcement officers to make arrests and would require judges, in some cases, to order people returned to Mexico instead of pursuing prosecution or after a conviction.
Friday’s ruling came from a federal appeals court, which found several groups challenging the law could not continue their lawsuit. Those groups included Las Americas Immigrant Advocacy Center, El Paso County and American Gateways, which has an office in San Antonio.
The court did not rule on whether the law itself is constitutional, meaning the larger legal fight may not be over.
Texas leaders have argued the state has the right to defend itself against unlawful migration, while critics say immigration enforcement is primarily a federal responsibility.
The Texas Tribune previously reported the Biden administration argued the law was unconstitutional, while the Trump administration did not allow the U.S. Department of Justice to participate in the case.
For now, it remains unclear exactly when — or if — SB 4 will fully take effect.