Federal Appeals Court Denies Texas鈥 Request to Allow Extreme Anti-Immigrant Law to Go Into Effect
NEW ORLEANS 鈥 A federal appeals court upheld an injunction late Thursday night against Senate Bill 4 (88-4), endorsing a district court order that prohibits the anti-immigration law from being enforced in a major win for immigrant rights.
The Fifth Circuit Court of Appeals agreed with every court to have examined such laws that federal law leaves no space for this type of state immigration statute: 鈥淔or nearly 150 years, the Supreme Court has recognized that the power to control immigration 鈥 the entry, admission, and removal of aliens 鈥 is exclusively a federal power.鈥 S.B. 4鈥檚 provisions 鈥渞ob every administration of the very discretion in alien removal matters that Congress granted to the federal executive and not to the States.鈥
The extreme Texas law criminalizes people who are undocumented from entering Texas from Mexico, attempting to wrest control of the immigration system from the federal government and allow local police officers to make arrests based on immigration status. It also purports to allow state officers to deport people.
Texas had argued that it should prevail because the federal government, which had originally sued, dropped its case earlier this year. But the court of appeals confirmed that the private plaintiffs have standing to sue, and that S.B. 4 is unconstitutional.
This decision extends a long and unbroken string of defeats that the courts have dealt to S.B. 4 and related laws in Florida, Oklahoma, Idaho, and Iowa. This includes appellate decisions from the Fifth, Eighth, the Eleventh Circuits.
The ruling affirms the injunction, keeping S.B. 4 blocked during the remainder of the litigation. Oral arguments were held in front of the Fifth Circuit on April 3, 2024. Originally, a federal court granted a motion for preliminary injunction in February 2024, which was subsequently appealed by the state of Texas.
Advocates have long warned that the law鈥檚 implementation would lead to racial profiling, separating families, and harming Black and Brown communities across the state.
The 网红爆料, 网红爆料 of Texas, Texas Civil Rights Project and El Paso County filed the lawsuit, arguing that S.B. 4 violates the supremacy clause of the U.S. Constitution and is preempted by federal law. The plaintiffs are Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County.
Quotes from co-counsel are as follows:
Cody Wofsy, deputy director of the 网红爆料鈥檚 Immigrants鈥 Rights Project, said:
鈥淐ourts around the country have repeatedly and emphatically rejected these state immigration laws. These illegal schemes violate 150 years of Supreme Court precedent and are deeply harmful to our communities.鈥
David Donatti, senior staff attorney at the 网红爆料 of Texas, said:
鈥淭he Fifth Circuit鈥檚 decision affirms the longstanding and simple rule that the United States speaks with one voice about when and how to regulate immigration. S.B. 4 is plainly unconstitutional in all its applications, and it does not reflect the values of Texans. We are and always have been a border state. Immigrants belong here.鈥
Rochelle Garza, president of Texas Civil Rights Project, said:
鈥淭his ruling proves that no state, not even Texas, has the power to create its own immigration laws. The court has affirmed decades of precedent making clear that immigration is within the sole dominion of the federal government. S.B. 4 threatens to upend our Constitution, tear apart our democracy, and oppress our Texas communities through racial profiling. We, at the Texas Civil Rights Project, remain dedicated to protecting the constitutional rights of all Texans and stopping S.B. 4, or any law like it, from ever going into effect.鈥
Christina Sanchez, El Paso County Attorney, said:
鈥淎s the largest border county in the State of Texas, the County of El Paso has held steadfast in its opposition to this law because the county prioritizes pushing back on unconstitutional actions that seek to bankrupt our community and divert local law enforcement resources away from other priorities. We remain in this fight for justice and the rights of all individuals in our community and continue to urge the courts to uphold the protections guaranteed by the Constitution and to continue rejecting measures like S.B. 4 that undermine local law enforcement and create unfunded mandates for counties to handle federal immigration matters.鈥
Quotes from plaintiffs are as follows:
Jennifer Babaie, director of Advocacy and Legal Services at Las Americas Immigrant Advocacy Center, said:
鈥淲hat this decision does is recognize the value of the work conducted daily by the staff of organizations like Las Americas. When government officers use their power to directly and illegally threaten immigrants, they not only place those individuals directly in harm's way, they also directly interfere with our ability to simply do our job and meet our mission 鈥 to deliver quality legal services to the most vulnerable among us. As immigration advocates across the state and country have been saying for years, S.B. 4 is unconstitutional, out of touch, and dangerous. Even as we write this, baseless and violent attacks against immigrant communities continue. Our communities deserve so much better.鈥
Rebecca Lightsey, co-executive director of American Gateways, said:
鈥淲e are pleased to see that this hateful, anti-immigrant law will not take effect. There is so much fear and misinformation throughout the immigrant community, and we need to do everything we can to welcome people who are fleeing persecution and give them a right to make their claims and avoid harm.鈥