Texas SB 4 Law Allows State Police to Arrest Suspected Illegal Immigrants – Set to Take Effect Soon

A federal appeals court has lifted a legal block on a 2023 Texas law that allows state police to arrest people suspected of entering the country illegally, clearing the way for the law to take effect after years of litigation.

The Fifth U.S. Circuit Court of Appeals ruled on Friday that the plaintiffs — Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County — lacked standing to challenge the law, known as Senate Bill 4 (SB 4), and vacated a preliminary injunction that had prevented its enforcement.

The court did not rule on the underlying constitutionality of SB 4, which creates a state misdemeanor for illegally crossing the border into Texas and authorizes state and local law enforcement to arrest individuals suspected of violating the law. Instead, the 10-7 decision focused solely on the plaintiffs’ inability to demonstrate a concrete injury sufficient to establish standing under recent Supreme Court precedent.

According to the court’s order, the plaintiffs “voluntarily incurred costs to advocate for clients,” which the court determined “falls far short of conferring standing.” the temporary injunction issued by a lower court was lifted without further consideration of the law’s merits.

Texas Attorney General Ken Paxton welcomed the ruling, calling it a “major win for public safety and law, and order.” In a public statement, Paxton said, “Texas’s right to arrest illegals, protect our citizens, and enforce immigration law is fundamental,” adding that the decision represents “yet another major victory for Texans” in defending SB 4 before the federal appeals court.

SB 4 was passed by the Texas Legislature in 2023 in response to what state officials described as record levels of illegal border crossings, which they characterized as amounting to an “invasion.” Although crossings have since subsided, the law has remained a focal point of legal conflict between the state and immigrant rights groups.

Immigration enforcement has historically been the exclusive responsibility of the federal government. Civil rights organizations argued that SB 4 unconstitutionally intrudes on federal authority by allowing state police to enforce immigration laws. Despite these challenges, the Fifth Circuit’s ruling means the law can now proceed to implementation unless blocked by further legal action.

The law had previously been blocked by a federal district court injunction, which was affirmed by a three-judge panel of the Fifth Circuit. Paxton’s office then secured an en banc hearing before the full court, which ultimately ruled in favor of the state.

As of the court’s decision, SB 4 is permitted to go into effect. The ruling does not prevent future legal challenges to the law’s substance, but it removes the immediate barrier that had kept it from being enforced for nearly three years.