Texas Immigration Law Remains On Hold: Appeals Court Blocks SB4 Enforcement

Background of SB4 and Legal Challenges

1. The Texas legislature passed SB4 in 2023, aiming to criminalize unauthorized immigration at the state level, mirroring federal offenses.
2. The Biden administration, along with migrant advocacy groups, promptly filed lawsuits against SB4, arguing its unconstitutionality and conflict with federal immigration laws.
3. A lower court ruled in favor of the plaintiffs, deeming SB4 unconstitutional. Texas appealed the decision to the 5th Circuit Court of Appeals.

5th Circuit Court of Appeals' Decision

• A panel of judges from the 5th Circuit Court of Appeals has upheld the lower court's order, continuing to block Texas from enforcing SB4.
• The majority opinion, authored by Chief Judge Priscilla Richman, emphasized the exclusive federal authority over immigration matters, as established by Supreme Court precedent.
• The judges acknowledged SB4's creation of separate state offenses and procedures for unauthorized entry and removal, which they deemed an encroachment on federal powers.

Implications and Next Steps

1. The decision keeps SB4 on hold while the 5th Circuit further considers its legality.
2. Texas officials, including Governor Greg Abbott, have defended SB4 as a necessary measure to address illegal immigration, despite widespread criticism from migrant advocates and the Mexican government.
3. The 5th Circuit is scheduled to hold a hearing on April 3 to delve deeper into the constitutionality and legality of SB4.