\t\t\t\t\t\t\tTexas\u2019 sweeping immigration enforcement law can take effect for now, a federal appeals court ruled May 29.<\/p>\n
Senate Bill 4<\/a> gives Texas officials the unprecedented authority to arrest and deport migrants suspected of crossing the Texas-Mexico border illegally. State lawmakers passed the measure in late 2023, and it has largely been tied up in court since.<\/p>\n What\u2019s happening<\/p>\n In an unpublished order<\/a> May 29, the 5th U.S. Circuit Court of Appeals allowed SB 4 to take effect as the case continues, lifting a lower court order<\/a> that had blocked portions of the law. The decision is the latest in over two years of legal back-and-forth surrounding the immigration law.<\/p>\n 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.<\/p>\n 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<\/a>.<\/p>\n Previously, only the federal government had the authority to deport migrants\u2014however, law enforcement agencies across Texas have been assisting federal immigration officers under a separate state law<\/a>.<\/p>\n 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<\/a> May 14, and state Attorney General Ken Paxton later appealed that ruling<\/a> to the 5th Circuit Court, leading to the May 29 order.<\/p>\n In a joint statement, the civil rights groups decried the May 29 decision as \u201cdisappointing and out of step with the Constitution,\u201d saying that they would continue to fight the law in court.<\/p>\n \u201cSB 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,\u201d the groups said in a May 29 statement. \u201cWe encourage all Texans, especially those who fear racial profiling under SB 4, to remember their rights and stay safe.\u201d<\/p>\n Gov. Greg Abbott celebrated the order as a \u201cmajor border security victory.\u201d<\/p>\n \u201cWe will keep fighting in the courts, working with President Trump, and doing everything necessary to secure our border and protect Texans,\u201d the governor said on X<\/a>.<\/p>\n 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 \u201cpublicly reveal operational details\u201d about immigration enforcement.<\/p>\n How we got here<\/p>\n 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<\/a>. The second lawsuit was filed on behalf of two Honduran immigrants<\/a> who live in Texas.<\/p>\n SB 4 creates new state crimes for:<\/p>\n \u201cIllegal entry,\u201d which refers to noncitizens who cross the Texas-Mexico border between designated border crossings or ports of entry\u201cIllegal reentry,\u201d which refers to noncitizens who were previously denied admission to or removed from the U.S. and later \u201center, attempt to enter, or [are] at any time found\u201d in TexasPeople who do not comply with removal orders could face felony charges of 2-20 years in a state prison, per the Texas Penal Code<\/a>.<\/p>\n