US Appeals Court Allows Texas to Enforce Migrant Arrest Law

A federal appeals court has cleared the way for Texas to enforce SB4, a Republican-backed state law that authorizes state and local police to arrest and prosecute people suspected of illegally crossing the U.S.-Mexico border — a power traditionally reserved for the federal government.

In a 10-7 decision, the New Orleans-based 5th U.S. Circuit Court of Appeals overturned a 2024 injunction that had blocked the law. The ruling represents a seismic shift in immigration enforcement, effectively allowing a state to exercise authority that has been exclusively federal for over a century.

The Biden administration had challenged SB4 in court, but the Trump administration dropped the federal government's case. Immigrant-rights groups — Las Americas Immigrant Advocacy Center, American Gateways, and the city of El Paso — continued the legal fight, arguing that the law violates the Constitution's Supremacy Clause by allowing state officials to enforce federal immigration law.

Texas Governor Greg Abbott signed SB4 in 2023, framing it as a necessary response to federal inaction on border security. The law makes illegal border crossing a state crime punishable by up to six months in jail for a first offense and up to 20 years for repeat offenders, with provisions allowing state judges to order deportation.

Civil rights organizations warn that the law will lead to racial profiling, with Latino citizens and legal residents facing increased police scrutiny. The Mexican government has also objected, arguing that the law's deportation provisions violate international agreements on the treatment of foreign nationals.

The case is expected to be appealed to the Supreme Court, but in the interim, Texas law enforcement can begin making arrests immediately.

**What This Means For You:** If you live in Texas — especially in border communities — this changes daily life. Local and state police now have the authority to question, detain, and prosecute based on suspected immigration status. For Latino Texans regardless of citizenship status, the risk of being stopped and questioned has increased significantly. If you're in a mixed-status household, consult an immigration attorney about your rights. This law is in effect now.