SAN ANTONIO — A federal appeals court has lifted a lower court’s block on Texas Senate Bill 4, reviving the 2023 state law that would create new state-level penalties for unlawful border crossings.
The ruling from a federal appeals court allows the law to move forward after it had been previously halted in lower court proceedings. The decision did not address the constitutionality of the statute.
Senate Bill 4 would make illegal entry into Texas a state crime and authorize state and local law enforcement officers to arrest individuals suspected of crossing the border unlawfully. In some cases, the law would also allow judges to order individuals returned to Mexico.
The court ruled that groups challenging the law, including Las Americas Immigrant Advocacy Center, El Paso County, Texas and American Gateways, could not continue their lawsuit at this stage.
The ruling leaves unresolved the broader legal question of whether the law is constitutional.
Texas officials have said the law is intended to strengthen state enforcement of immigration laws. Opponents argue immigration enforcement falls under federal authority.
The timeline for implementation of Senate Bill 4 remains unclear as litigation continues.
