A federal appeals court has cleared Texas’s controversial immigration law to take full effect.
TEXAS, USA — A controversial Texas immigration law is now cleared to take full effect following a federal appeals court decision, ending years of legal back-and-forth, according to court filings.
Senate Bill 4, passed in 2023, allows state and local law enforcement officers to arrest and potentially remove individuals they suspect of illegally crossing the U.S.-Mexico border.
The law has faced significant legal challenges from immigration advocacy groups, who argue it is unconstitutional because immigration enforcement falls under federal authority. A prior federal judge also temporarily blocked the law, citing constitutional concerns.
The latest ruling came from the 5th U.S. Circuit Court of Appeals after a lawsuit filed in May by immigration advocates sought to block several provisions of the measure.
Among the contested provisions are sections that criminalize certain re-entry cases, even in situations where individuals may later obtain legal status, as well as 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 groups argue those provisions conflict with federal authority over immigration law and do not adequately account for individuals who may have lawful permission to be in the country or active federal cases.
State leaders, however, have defended the law, arguing it mirrors federal immigration statutes and falls within Texas’ authority to enforce border security.
Attorney General Ken Paxton challenged the earlier injunction blocking the law. Following the appellate ruling, Gov. Greg Abbott praised the decision, calling it a win for Texas border enforcement efforts.