The Fifth Circuit Court of Appeals has halted an attempt from Texas to enforce its own border security law, ruling two to one against the state measure that would have permitted Texas authorities to arrest and prosecute individuals suspected of illegally crossing the border.
The decision upholds a previous injunction against Senate Bill 4, signed into law last year by Texas Republican Governor Greg Abbott. Under the blocked legislation, illegal entry or reentry into Texas from a foreign nation would constitute a state crime, potentially resulting in prison terms up to twenty years for certain violations.
United States Circuit Judge Priscilla Richman, writing for the majority, emphasized that immigration enforcement falls squarely within federal jurisdiction. Her opinion cited precedent from a Supreme Court ruling that struck down similar provisions in Arizona law over a decade ago.
The Texas measure would improperly interfere with federal immigration protocols already in place, according to the Fifth Circuit.
The ruling reinforces a preliminary injunction issued earlier this year by a lower court, which was temporarily lifted by the Supreme Court before being reinstated by the Fifth Circuit panel.
United States Circuit Judge Andrew Oldham dissented from the majority opinion, criticizing his colleagues for disregarding President Donald Trump’s encouragement for states to assist with immigration enforcement. “It is a sad day for the millions of Americans who are concerned about illegal immigration,” he wrote in his dissent.
The decision represents yet another setback in the ongoing tension between Texas and federal authorities over border enforcement responsibilities. The refusal of former President Joe Biden to secure the border prompted the passage of Senate Bill 4.
Cody Wofsy, an attorney representing the plaintiffs, meanwhile welcomed the ruling. “These laws are deeply harmful to our communities,” Wofsy claimed, noting that courts have rejected similar state attempts to create their own immigration enforcement systems.
