Full Breakdown
Fifth Circuit Lifts Injunction, Clearing Path for Texas Immigration Law
4/25/2026, 11:40:04 AM
Court Decision Allows Texas to Enforce SB4
On April 24, 2026, the 5th U.S. Circuit Court of Appeals vacated the preliminary injunction that had blocked Texas Senate Bill 4. In a 10-7 ruling, the court held that the plaintiffs—Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County—lacked standing to sue. The opinion expressly avoided ruling on the law’s constitutionality.
Law’s Provisions and Legislative History
SB4, signed by Governor Greg Abbott in December 2023, creates a state misdemeanor for illegal entry into Texas and authorizes magistrates to order detained migrants to leave the United States, with penalties of up to 20 years imprisonment. Immigration enforcement has traditionally been federal; the Biden administration sued on that basis, while the Trump administration later withdrew the Justice Department.
Key Actors and Vote Count
Plaintiffs were the Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County. Defending the law were Governor Greg Abbott, Attorney General Ken Paxton, and the Texas state government. The appellate panel voted 10-7 to lift the injunction, with seven judges dissenting, including Judge Priscilla Richman.
Official Statements
Attorney General Paxton said the ruling was a victory for state sovereignty and public safety. Edna Yang, co-executive director of American Gateways, called the decision a setback but pledged continued legal challenges. The Fifth Circuit noted the plaintiffs’ expanded services did not constitute a concrete injury for standing. The Biden administration had argued that immigration enforcement is exclusively federal.
Opposition and Dissent
Immigrant-rights groups argue SB4 enables targeted profiling and threatens community safety, especially in El Paso. Nicolas Palazzo of Las Americas warned the court’s avoidance of the core question leaves the law’s “reign of fear” unchecked. In dissent, Judge Richman cited the 2012 Supreme Court precedent that federal law preempts state immigration schemes.
Conflicting Issues and Unresolved Questions
The appellate ruling resolves only the standing issue; it does not determine whether SB4 violates the Constitution or federal preemption, leaving the timing of enforcement and its practical impact uncertain.
Verbatim Quotes
- “Texas’s right to arrest illegals, protect our citizens, and enforce immigration law is fundamental,” — Ken Paxton, Texas Attorney General
- “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,” — Nicolas Palazzo, Director of Legal Services, Las Americas Immigrant Advocacy Center
- “Texas cannot enact its own immigration regime," she wrote.” — Priscilla Richman, U.S. Circuit Judge (dissent)
- “Edna Yang, co-executive director of American Gateways, said in a statement the ruling was "a setback, not the final word, and we remain committed to fighting this dangerous law at every turn.” — Edna Yang, Co-executive Director, American Gateways
Next Legal Steps
Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County say they will continue to challenge SB4, before the Supreme Court. The decision also revives debates over state versus federal authority in immigration enforcement.
