A federal appeals court cleared the way on Friday for Texas to act on an expansive 2023 state law that empowers state and local police officers to arrest migrants suspected of entering the country illegally from Mexico. The Fifth U.S. Circuit Court of Appeals lifted a lower court injunction that had blocked enforcement of Senate Bill 4 for years, ruling that the plaintiffs lacked standing to sue. The decision, issued in a 10-7 vote, allows the law to take effect while leaving the underlying legal questions unresolved. Senate Bill 4, passed by the Texas Legislature in 2023, 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. The law was challenged by immigrant advocacy groups and local governments, who argued that immigration enforcement is exclusively a federal responsibility under the U.S. Constitution. The court’s order stated that the plaintiffs—Las Americas Immigrant Advocacy Center, American Gateways and El Paso County—had voluntarily incurred costs to advocate for clients, which, under recent Supreme Court precedent, does not confer standing to sue. The temporary injunction blocking the law was vacated. Texas Attorney General Ken Paxton praised the ruling, calling it a “major win for public safety and law and order” and affirming the state’s right to arrest individuals suspected of illegal entry and protect its citizens. The law has been described as unprecedented in its scope, marking a significant shift in how states may engage with immigration enforcement. While federal authorities have historically held sole responsibility for immigration matters, Texas lawmakers framed Senate Bill 4 as a response to record numbers of border crossings, which they characterized as an invasion. The ruling does not determine the law’s constitutionality but removes a key legal barrier to its implementation. Legal challenges to the substance of Senate Bill 4 may continue in other forums.
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