Overview
- All 17 active judges of the Fifth U.S. Circuit heard arguments in New Orleans as Texas seeks to lift an injunction that has kept SB 4 from taking effect.
- SB 4 would create a state crime for unauthorized entry, allow arrests by state officers, escalate penalties for repeat violations, and permit magistrates to order return to Mexico.
- Texas urged dismissal based on standing, citing the Supreme Court’s 2024 FDA v. Alliance for Hippocratic Medicine decision, while plaintiffs argued standard organizational-standing rules apply.
- A federal judge blocked the law in February 2024 for likely preemption under the Supremacy Clause, the Supreme Court briefly let it take effect before it was paused again, and a Fifth Circuit panel kept the injunction in place in July 2025.
- Opponents warn of heavy local burdens, including El Paso County’s estimate of roughly 8,000 extra arrests yearly, as Texas points to sharply lower recent border apprehensions and expanded state-local cooperation with ICE.