5th Circuit Court Allows Texas to Enforce SB 4

The 5th U.S. Circuit Court of Appeals ruled on May 29, 2026, that Texas may enforce Senate Bill 4, a 2023 law granting state officials the power to arrest and deport individuals suspected of illegally crossing the U.S.-Mexico border. In a 2-1 decision, the New Orleans-based court stayed a May 14 preliminary injunction issued by U.S. District Judge David Alan Ezra, who had argued that the law unconstitutionally encroached upon exclusive federal immigration authority.

Greg Abbott, the Governor of Texas, hailed the ruling as a major border security victory. The law establishes illegal entry into Texas as a state crime and authorizes state magistrate judges to issue deportation orders. It also criminalizes re-entry into the U.S. after deportation, regardless of the individual's legal status or possession of a green card, and prohibits state and local agencies from refusing to cooperate with federal immigration enforcement.

The ruling followed an appeal by Texas Attorney General Ken Paxton. However, the law continues to face opposition from the American Civil Liberties Union and the Texas Civil Rights Project, which filed a class-action lawsuit to block the measure. These organizations argue the law will lead to racial profiling and devastate communities, vowing to continue their legal challenges against what they describe as an unconstitutional weapon.