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Fifth Circuit Upholds Injunction Blocking Texas Senate Bill 4

Reaffirming federal supremacy over immigration policy, the decision leaves the 2023 law suspended pending further appeals.

People take part in a protest against President Donald Trump's immigration policies in El Paso, Texas, U.S., March 24, 2025. REUTERS/Jose Luis Gonzalez/File Photo
The Fifth Circuit Court of Appeals building in downtown New Orleans on July 1, 2025.
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Overview

  • A 2-1 Fifth Circuit panel upheld a preliminary injunction that prevents Texas from enforcing Senate Bill 4.
  • The majority opinion held that SB4 conflicts with federal law and reaffirmed the federal government’s exclusive authority over immigration.
  • Enacted in December 2023, SB4 would have empowered local police to arrest suspected unauthorized border crossers and impose misdemeanor and felony penalties.
  • The law required judges to order the transfer of convicted migrants to ports of entry for removal unless they voluntarily agreed to return to Mexico.
  • Judge Andrew Oldham dissented by warning the ruling dismisses state efforts to bolster immigration enforcement, and the ACLU said the decision protects communities from harmful state measures.