Court allows Texas migrant arrest law SB 4

A federal appeals court has lifted a block on a Texas law that authorizes state police to arrest individuals suspected of entering the country illegally. The Fifth U.S. Circuit Court of Appeals ruled that the plaintiffs lacked standing to challenge the law, allowing Senate Bill 4 to take effect as the legal battle continues [1, 2].

Key takeaways

• The 5th Circuit Court of Appeals ruled that plaintiffs lacked standing to sue, vacating a preliminary injunction against SB 4 [1, 3].
• The law creates state crimes for illegal entry and reentry, allowing state judges to order migrants to return to Mexico [1, 2].
• The court did not rule on the constitutionality of the law, leaving the underlying legal questions unresolved [1].
• Civil rights groups argue the law will lead to racial profiling and violate federal authority, while state officials call it a public safety victory [1, 2].

Ruling avoids constitutional merits

The appeals court issued a 10-7 ruling stating that the plaintiffs—Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County—could not pursue the lawsuit because they voluntarily incurred costs to advocate for clients rather than suffering a direct injury sufficient for standing [1, 3]. Consequently, the court vacated a preliminary injunction without addressing the merits of the constitutional arguments [1]. In a separate unpublished order on May 29, a three-judge panel also allowed the law to take effect as the litigation proceeds, though that order did not explain its reasoning [2].

The legal challenges center on whether states can enforce immigration laws, a power historically held exclusively by the