The Fifth Circuit Court of Appeals has cleared the way for Texas to enforce Senate Bill 4, a 2023 law that allows state police to arrest people suspected of crossing the border illegally. The en banc court voted 10-7 to vacate the preliminary injunction that had blocked the law for more than two years.

Why it matters

SB4 is the most aggressive state-level immigration enforcement law in modern US history. It makes illegal entry into Texas a state crime and empowers state judges to order deportation, with prison sentences of up to 20 years for those who refuse to comply.

The standing question

The court did not rule on whether SB4 is constitutional. Instead, the 10-7 majority held that the three plaintiffs — Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County — lacked legal standing to bring the challenge.

According to the court’s order, the plaintiffs “voluntarily incurred costs to advocate for clients,” which “falls far short of conferring standing” under recent Supreme Court precedent.

What the ruling changes

The decision reverses a July 2025 three-judge panel ruling that found SB4 unconstitutional. With the injunction lifted, Texas law enforcement can begin enforcing the law immediately.

Governor Greg Abbott signed SB4 in December 2023. It has never been enforced because federal courts blocked it before it took effect.

What it does not change

Every court to examine the merits of state-level immigration arrest laws has found them unconstitutional on preemption grounds. The Fifth Circuit’s standing ruling leaves that legal consensus intact.

The ACLU, which represented the plaintiffs, said the decision “does not validate this extreme law” and vowed to continue challenging it.

What happens next

New plaintiffs with direct standing — such as individuals facing arrest under SB4 — could file fresh legal challenges. The law’s first enforcement actions will likely trigger new litigation within weeks.

The ruling comes on the same day the DC Circuit struck down Trump’s separate asylum ban at the border, creating duelling signals from federal courts on immigration enforcement powers.