After years of litigation over Texas’ 2023 immigration law known as Senate Bill 4, the U.S. 5th Circuit Court of Appeals has dismissed a consolidated lawsuit challenging the measure and lifted the injunction that had blocked it from taking effect. The ruling marks a major procedural shift in a case that has remained tied up in federal courts since the law’s passage.
SB 4, authored by Texas Sen. Charles Perry of Lubbock during a special legislative session, created a state-level criminal offense for unlawful entry into Texas from a foreign nation. It also authorized judges to issue orders requiring individuals convicted under the law to return to their country of origin. The law was designed as a state response to ongoing concerns about federal immigration enforcement and border security.
Shortly after its passage, SB 4 faced multiple legal challenges. The U.S. Department of Justice, El Paso County, and several immigrant advocacy organizations argued that the measure conflicted with federal immigration authority and violated the Supremacy Clause of the U.S. Constitution. A federal district court in 2024 issued an injunction preventing the law from being enforced while the litigation proceeded.
The legal landscape shifted after the change in federal administration, when the Department of Justice withdrew its opposition to the law. Even so, the case continued through the courts as remaining plaintiffs pursued their claims, and earlier appellate rulings kept the injunction in place.
In its latest decision, the 5th Circuit concluded that the plaintiffs lacked standing to continue the case. The court found that expenses incurred by advocacy organizations in supporting clients did not establish a sufficient legal basis for the lawsuit. It also determined that claims of harm by El Paso County were too speculative to proceed.
In its analysis, the court referenced broader border trends, including reports of millions of migrant encounters at the southern border in recent years and federal data on individuals with criminal backgrounds or watchlist indicators among those encountered. While the court did not rule on the constitutionality of SB 4 or address whether border crossings constitute an invasion under legal definitions, one judge in a concurring opinion emphasized the authority of states to respond to large-scale migration pressures.
Supporters of the law, including its legislative sponsor in the Texas House, argued that the ruling validates the state’s authority to enforce immigration-related offenses and strengthens Texas’ ability to address border security independently when federal enforcement is viewed as insufficient. Texas Attorney General Ken Paxton also described the outcome as a significant legal victory for the state and for public safety efforts.
Opponents, including the American Civil Liberties Union of Texas, criticized the decision, warning that allowing the law to proceed could lead to increased enforcement actions by state and local authorities that affect immigrant communities. Advocacy groups have expressed concern that implementation could result in heightened surveillance and expanded involvement of local law enforcement in immigration matters.
Although the injunction has been lifted, the court’s mandate is not scheduled to take effect until mid-May 2026. Legal experts expect that further appeals or new lawsuits could be filed before the law is fully implemented, meaning additional judicial review remains possible.
SB 4 is separate from earlier Texas legislation with the same designation passed in 2017, which targeted local jurisdictions that limited cooperation with federal immigration authorities. The 2023 version represents a broader attempt by the state to create criminal penalties for unlawful entry at the state level, a legal approach that continues to face constitutional scrutiny in federal courts.
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