Fifth Circuit Court Overturns Injunction Against Texas Senate Bill 4
NEW ORLEANS — The Fifth Circuit Court of Appeals has reversed a decision by a three-judge panel that upheld a lower court’s injunction against Texas Senate Bill 4 (SB 4). While previous rulings indicated that SB 4 is unconstitutional, the full en banc court based its decision solely on procedural grounds, marking a significant shift in the legal trajectory of this controversial legislation.
Court Decision Relies on Procedural Grounds
Importantly, the en banc court did not pass judgment on the constitutional validity of SB 4. The court, which has previously maintained that such laws are unconstitutional, left its earlier consensus intact. The Fifth Circuit’s order will be implemented no sooner than May 15, with the preliminary injunction against SB 4 remaining in effect until that date.
Legal Standing of Plaintiffs Called Into Question
The Grand Chamber determined that the plaintiffs lacked standing to contest the law, overturning the three-judge panel’s ruling from July 2025 that had affirmed their standing. This latest hearing did not delve into the core constitutional issue at hand: whether SB 4 contravenes the Supremacy Clause of the U.S. Constitution by infringing on the federal government’s exclusive authority to regulate immigration.
Overview of Senate Bill 4 Provisions
Enacted by the Texas Legislature in 2023, SB 4 criminalizes unauthorized entry into Texas from Mexico and empowers local law enforcement to arrest individuals based on their immigration status. Furthermore, it grants state officials the authority to order the expulsion of individuals, a power previously reserved for federal authorities.
Advocates Challenge the Law in Court
The American Civil Liberties Union (ACLU), ACLU of Texas, and the Texas Civil Rights Project initiated the lawsuit on behalf of several advocacy organizations, including Las Americas Immigrant Advocacy Center and American Gateways. They contend that SB 4 violates the Supremacy Clause and is preempted by federal immigration law.
Concerns Over Potential Consequences of Enforcement
“This ruling relates only to procedural issues, not the substance of the law,” remarked Cody Wofsey, deputy director of the ACLU’s Immigrant Rights Project. He emphasized that courts examining similar laws have consistently deemed SB 4 unconstitutional. Advocates warn that enforcing SB 4 could lead to racial profiling, family separation, and the criminalization of long-term residents in Texas.
Community Leaders Express Alarm at Ruling
David Donatti, chief counsel for the ACLU of Texas, stated that this decision paves the way for excessive state overreach, putting Texas communities at risk of increased surveillance and racial profiling. Edna Yang, co-executive director of American Gateways, described the ruling as a significant setback, underscoring the fear fostered among immigrant families across the state.
Continued Opposition to SB 4
Critics assert that the court’s decision disregards the rights of those most affected by the law. “SB 4 represents an unconstitutional overreach of state power,” said El Paso County Attorney Christina Sanchez, highlighting concerns over harassment in border communities. Legal experts, including Nicolas Palazzo from Las Americas Immigrant Advocacy Center, reaffirm their commitment to challenging SB 4, advocating for the rights of those targeted under this law.
“No state has the right to create its own immigration policies,” cautioned Rochelle Garza, president of the Texas Civil Rights Project. She emphasized the importance of dignity and due process for all communities, asserting that SB 4 undermines constitutional standards and reigns an era of fear and uncertainty for many Texans.
