Fifth Circuit Rules Challenge to Extreme Texas Immigration Law Must Be Dismissed on Procedural Grounds 

NEW ORLEANS — The Fifth Circuit Court of Appeals today reversed a panel ruling that had affirmed a lower court’s injunction against Texas Senate Bill 4. Previously, a Fifth Circuit panel — consistent with the trial court and with every other federal court that has heard a challenge to this type of law — held that S.B. 4 is unconstitutional, but the full court reached a different conclusion solely on procedural grounds.

The full court did not rule on whether S.B. 4 is constitutional — leaving undisturbed the unanimous consensus of courts that have all held these types of laws unconstitutional. The Fifth Circuit’s mandate does not issue until May 15, leaving the preliminary injunction against S.B. 4 in effect at least until that date.

Specifically, the full court held that the plaintiffs lacked standing to bring the challenge — reversing its own three-judge panel decision from July 2025, which had confirmed standing. The full Fifth Circuit did not reach the constitutional questions at the heart of this case: whether S.B. 4 violates the Supremacy Clause of the U.S. Constitution and unconstitutionally strips the federal government of its exclusive authority over immigration enforcement.

S.B. 4, passed by the Texas Legislature in 2023, makes it a state crime to enter Texas from Mexico without authorization and allows local police to arrest people based on immigration status. The law also allows state officers to order people removed — a power that has never belonged to state governments.

The American Civil Liberties Union, ACLU of Texas, and Texas Civil Rights Project filed the lawsuit on behalf of Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County, arguing that S.B. 4 violates the Supremacy Clause of the U.S. Constitution and is preempted by federal immigration law.

“This ruling is a procedural decision, not a ruling on the merits,” said Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project. “It does not change what every court to examine similar laws has found: S.B.4 is unconstitutional. This fight is far from over.”

Any enforcement of S.B. 4 will cause immediate and serious harm: racial profiling of Black and Brown Texans, family separation, and the criminalization of people who have lived and worked in Texas for years. Texas judges would be required to order deportations regardless of whether a person is eligible to seek asylum or other humanitarian protections under federal law.

“This decision leaves the door open to exactly the kind of state overreach S.B. 4 represents,” said David Donatti, senior staff attorney for the ACLU of Texas. “If it goes into effect, communities and families across Texas will face surveillance, suspicion, and the constant threat that any encounter with law enforcement could upend their lives.”

“We are alarmed by the Fifth Circuit’s decision to allow S.B. 4 to move forward, leaving immigrant families across Texas to live in fear of a law that a prior panel rightly found unconstitutional,” said Edna Yang, co-executive director of American Gateways. “This ruling is a setback, not the final word, and we remain committed to fighting this dangerous law at every turn.”

“The court’s ruling overlooks the fact that S.B. 4 is an unconstitutional attempt by the state to seize federal immigration powers,” said El Paso County Attorney Christina Sanchez. “This law opens the door to widespread harassment, specifically targeting border communities like ours. We remain committed to ensuring that El Paso remains a place where the law protects everyone, rather than being used to target them.”

“This outcome is a failure to protect the communities most affected by S.B. 4. Border residents will carry the burden of a law that encourages profiling and fear, while the courts avoid the core question. Our clients deserve more than procedural barriers. They deserve a clear recognition that this law violates their rights,” said Nicolas Palazzo, director of legal services at Las Americas Immigrant Advocacy Center. “Today, the court took the easy way out. By avoiding the core question of S.B. 4’s unlawfulness, it left the road wide open for S.B. 4 to continue its reign of fear and targeted profiling against migrants and their families, undermining safety and security in El Paso. We remain committed, however, to continue to challenge S.B. 4 and its abuse of power.”

“No state should have the ability to create and enforce its own immigration laws. Texas’ Senate Bill 4 upends constitutional precedent, tears apart our democracy, and oppresses Texans through racial profiling. It is unacceptable that in a majority-minority state, our elected officials continue to legislatively target our communities. As a border state, as Texans, and as humans, we should be leading with dignity and due process for all communities,” said Rochelle Garza, president of the Texas Civil Rights Project.

The ruling is here.