A three-judge panel of the Fifth District Court of Appeals on Tuesday maintained a hold on a controversial Texas law, Senate Bill (SB) 4, as litigation continues. The ruling marks another development in the ongoing legal battle surrounding immigration law SB4.
Signed into law in December 2023, SB4, if enforced, would introduce state-level criminal penalties for any foreign nationals crossing the US border into Texas via unauthorized points. Notably, the law would also give state magistrates authority to enforce these removal orders—an area that has typically been under federal jurisdiction.
Chief Judge Priscilla Richman, while addressing the majority, expressed doubts that Texas could meet its burden of proof to suspend the lower court ruling. This ruling earlier provided a preliminary injunction stopping the law’s enforcement pending further litigation. Judge Richman emphasized that federal discretion was paramount when dealing with the same noncitizens that SB4 focused on. She noted, however, that while Texas can potentially suffer harm from not enforcing a stay on the lower court order, the resulting harm to the US on matters of international diplomacy could outweigh such local concerns.
Judge Andrew S. Oldham, on the other hand, was dissenting, arguing that the plaintiffs would struggle to prove that SB4 is unconstitutional in every application.
With the opposition celebrating the ruling, Texas officials are yet to directly respond. However, Texas Governor Greg Abbott is adamant that Operation Lone Star – of which SB4 is a part – has been successful at reducing “illegal crossings” in Texas despite the ongoing court battles.
The legal challenge to SB4 continues to unfold. In late February, a preliminary injunction against the enforcement of SB4 was initially placed by Senior District Judge David Alan Ezra. The Fifth Circuit upheld this injunction on March 2, only for the US Supreme Court to then place a temporary hold on the law. After extending the hold twice, the Supreme Court then lifted the hold, allowing the law to go into effect, but the Fifth Circuit subsequently blocked its enforcement yet again.
This series of events culminated in recent oral arguments and the submission of an amicus brief by Mexico which led to the recent Tuesday ruling. Iowa recently passed a similar law, heightening the debate on immigration law enforcement at a state level.