SB 4 Upheld By 5th Circuit Court Of Appeals -Again-, TX Can Arrest Illegals

SB 4, the 2023 Texas law that allows state police to arrest people suspected of entering the country illegally can finally go into effect after the United States Court of Appeals for the Fifth Circuit, granted Texas' appeal of a temporary injunction against Senate Bill 4, which would allow for state and local law enforcement officers to arrest people they suspect may have crossed the border illegally.

Governor Greg Abbott posted on X: "We will keep fighting in the courts, working with President Trump, and doing everything necessary to secure our border and protect Texans."

Texas lawmakers passed the bill back in 2023, in response to the wide open border, and lack of enforcement by the Biden administration.

Radical immigration groups have been fighting it ever since, but the appeals court ruled that law can be enforced while the case plays out.

Earlier, Attorney General Ken Paxton said in a statement that it was yet another major victory for Texans by defending Senate Bill 4 (“SB 4”) before the United States Court of Appeals for the Fifth Circuit. SB 4 is a state law that protects Texans by creating state crimes that track federal immigration crimes to prohibit unlawful entry and reentry. This empowers state police to arrest illegals who have violated our nation’s immigration laws.  

“My office has secured yet another major win for Texas by defending SB 4 before the Fifth Circuit,” said Attorney General Paxton. “Texas’s right to arrest illegals, protect our citizens, and enforce immigration law is fundamental. This is a major victory for public safety and law and order.” 

After SB 4 was passed, Texas was sued to stop the enforcement of the bill. A preliminary injunction was issued by a federal district court and affirmed by a three-judge panel on the Fifth Circuit. Attorney General Paxton then secured an en banc hearing before the full U.S. Court of Appeals for the Fifth Circuit. The full Fifth Circuit has now ruled in favor of Texas, held that the plaintiffs lacked standing, and removed the injunction.