A federal appeals court has ruled that Texas may not enforce its newly passed migrant arrest law, known as SB4, which sought to empower state authorities to detain and prosecute individuals accused of illegally crossing the U.S.-Mexico border. The 2-1 decision from the 5th U.S. Circuit Court of Appeals late Thursday upheld a lower court’s preliminary injunction, reinforcing the longstanding legal principle that immigration enforcement falls exclusively under federal jurisdiction.
SB4 Challenged for Overstepping Federal Immigration Powers
The law, signed by Texas Governor Greg Abbott in December 2023, would have made it a state-level crime for anyone to enter or re-enter Texas from another country. The law would have also allowed Texas judges to deport individuals out of the United States and imposed up to 20 years in prison for those who did not cooperate.
Legal actions against SB4 began soon after it was enacted into law. Initially, the Biden administration was against SB4, but the case was revived when former President Donald Trump returned to office. However, several immigrant rights groups did not let this opportunity slip and asserted that state legislation was directly at variance with existing federal law and policy.
In making its decision, the appeals court determined that SB4 would impede the federal government’s capacity to regulate immigration lawfully and uniformly. The panel further stated that allowing Texas to accomplish it unilaterally in this field would not only disturb national enforcement but also create legal uncertainty and issues of civil rights.
Court Relies on Precedent in Ruling Against Texas
The majority judgment relied primarily on judicial precedent, specifically a 2012 US Supreme Court case involving a comparable Arizona legislation. The ruling held that states cannot enact immigration enforcement legislation that functions in addition to or in conflict with federal legislation.
The 5th Circuit ruled that SB4, if allowed to proceed, would confer upon the state the authority of enforcement reserved by the Constitution for the federal government. Criminalizing immigration-related activity under state law would subject Texas to the risk of disrupting the comprehensive and sophisticated regime of regulation administered nationally.
State Officials Vow to Continue Legal Fight
Despite the ruling, Texas officials have signaled their intent to appeal. They argue that states must be able to respond to border challenges when federal enforcement is perceived as lacking. The state contends SB4 was intended to increase public safety and fill gaps in enforcement.
The ruling comes after a brief window in March 2024 when the U.S. Supreme Court allowed SB4 to be implemented. But again, enforcement was put on hold by the 5th Circuit and is awaiting review.
The minority in the case feared that the decision ignores the will of those voters who desire a stricter border policy. The minority argued that states need more leeway to act when national policy fails to reach what occurs in the field.
Immigrant Rights Activists Praise Court Decision
Immigration rights groups celebrated the decision as a constitutional governance and due process win. They argue that bills like SB4 endanger immigrant communities and produce a patchwork of different enforcement that ultimately harms immigrants and society as a whole.
These groups had argued that SB4 blurred the lines of civil immigration enforcement and criminal prosecution, potentially placing individuals into unwarranted detention and punishment without proper federal oversight.
What’s Next?
The ruling upholds that immigration law must be applied uniformly under federal control. With legal proceedings ongoing, the case brings to the forefront continued tension between state-led immigration initiatives and federally mandated enforcement mechanisms.
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Resources:
- https://www.reuters.com/legal/government/divided-us-appeals-court-blocks-enforcement-texas-state-immigration-law-2025-07-04/
- https://www.texastribune.org/2025/07/04/texas-immigration-law-senate-bill-4-fifth-circuit-court-ruling/
- https://www.marketscreener.com/news/latest/Texas-may-not-enforce-migrant-arrest-law-US-appeals-court-rules-50437426/
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