NEW ORLEANS — The Fifth U.S. Circuit Court of Appeals on Friday allowed a 2023 Texas immigration law to take effect by lifting a lower court injunction, ruling that the plaintiffs challenging the measure lacked legal standing.
The law, known as Senate Bill 4, permits state law enforcement officers to arrest individuals suspected of entering the United States illegally. The Texas Legislature enacted the measure in response to high levels of border crossings at the time.
The appeals court did not address the law’s constitutionality and instead ruled that the plaintiffs — Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County — did not demonstrate sufficient grounds to bring the lawsuit.
In its order, the court said the organizations incurred costs voluntarily to support clients, which does not establish standing under recent U.S. Supreme Court precedent.
The law drew legal challenges from immigrant and civil rights groups, which argued that immigration enforcement falls under federal authority.
Ken Paxton said in a statement that the ruling supports the state’s authority to enforce immigration laws and protect public safety.
The decision lifts the injunction that had blocked the law from taking effect while litigation continues.
