Federal court: Texas migrant arrest law can take effect as case continues

The three-judge panel that issued the May 29 order did not explain its reasoning, and a hearing before the 5th Circuit had not been scheduled as of press time.

SB 4 makes it a state crime to cross the southern border without proper documentation or authorization, allowing Texas police to arrest migrants they suspect entered the country between designated border crossings or ports of entry. Judges can order that migrants be removed from the country if they are found guilty of illegal entry, according to previous Community Impact reporting.

Previously, only the federal government had the authority to deport migrants—however, law enforcement agencies across Texas have been assisting federal immigration officers under a separate state law.

The American Civil Liberties Union, the Texas arm of the ACLU and the Texas Civil Rights Project sued to block portions of SB 4 in early May. A federal district judge blocked a majority of the law May 14, and state Attorney General Ken Paxton later appealed that ruling to the 5th Circuit Court, leading to the May 29 order.

In a joint statement, the civil rights groups decried the May 29 decision as “disappointing and out of step with the Constitution,” saying that they would continue to fight the law in court.

“SB 4 will devastate our communities and families by turning our state's legal system into an unconstitutional weapon to surveil, harass, and harm Texans based on their perceived immigration status,” the groups said in a May 29 statement. “We encourage all Texans, especially those who fear racial profiling under SB 4, to remember their rights and stay safe.”

Gov. Greg Abbott celebrated the order as a “major border security victory.”

“We will keep fighting in the courts, working with President Trump, and doing everything necessary to secure our border and protect Texans,” the governor said on X.

State agencies have not detailed their plans to arrest, detain or deport migrants under SB 4. A spokesperson for the governor previously told Community Impact that the state would not “publicly reveal operational details” about immigration enforcement.

How we got here

The current lawsuit against SB 4 came after the 5th Circuit dismissed a previous legal challenge about a month earlier, ruling that plaintiffs lacked standing to sue. The second lawsuit was filed on behalf of two Honduran immigrants who live in Texas.

SB 4 creates new state crimes for:

• “Illegal entry,” which refers to noncitizens who cross the Texas-Mexico border between designated border crossings or ports of entry
• “Illegal reentry,” which refers to noncitizens who were previously denied admission to or removed from the U.S. and later “enter, attempt to enter, or [are] at any time found” in Texas

The Honduran immigrants challenged the “illegal reentry” provision and a section of the law authorizing state judges to issue deportation orders after migrants are arrested for illegal entry. U.S. District Judge David A. Ezra granted a preliminary injunction against those parts of the law May 14, writing that only the federal government, not states, has the authority to enforce immigration restrictions.

"If allowed to proceed, SB 4 could open the door to each state passing its own version of immigration laws," he wrote. "The effect would moot the uniform regulation of immigration throughout the country and force the federal government to navigate a patchwork of inconsistent regulations."

Following the May 29 order, Texas can enforce the law in its entirety.

According to previous Community Impact reporting, immigrant advocacy groups have argued that SB 4 undermines the federal government’s ability to enforce immigration laws and could lead to racial profiling. State officials have contested that the law is in line with federal immigration restrictions, asserting that Texas has “a right to defend itself” against illegal border crossings.