Texas's Border Law Vindicated! - #TEXIT
5th Circuit Revives Texas Border Law. The Larger Fight Remains.
5th Circuit Revives Texas Border Law. The Larger Fight Remains.
(Texian Partisan) - A federal appeals court cleared the way Friday for Texas to enforce Senate Bill 4, the 2023 law that would allow state and local police to arrest people suspected of entering the country illegally. The 5th Circuit overturned a lower court block, finding that several groups challenging the law—Las Americas Immigrant Advocacy Center, El Paso County, and American Gateways—lacked standing to continue their lawsuit.
The ruling doesn’t settle the larger question. The court didn’t decide whether SB 4 is constitutional. That fight may still be ahead.
What the Ruling Does
Under SB 4, crossing the border illegally into Texas becomes a state crime, not just a federal violation. Law enforcement officers get arrest authority. Judges can order removal to Mexico instead of prosecution, or after conviction.
Texas leaders argue the state has the right to defend against unlawful migration. Critics counter that immigration enforcement is primarily a federal responsibility—and federal law still preempts state action in this area.
It’s unclear when, or whether, SB 4 fully takes effect. The Biden administration previously argued the law was unconstitutional. The Trump administration declined to let the Department of Justice participate in…