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.