The Fifth Circuit judges questioned Texas on the enforcement procedures of the State law that gives Texas law enforcement officials the authority to stop, arrest, and detain individuals thought to be in the state without a legal basis. The U.S. Circuit Court asked for details as to how, exactly, the Texas immigration law, known as SB4, will be enforced. Among the questions asked are if the law will affect individuals who crossed the U.S. border entering outside of Texas, and how individuals who applied for some form of protection, like asylum would be treated.

The attorney representing the state of Texas said he didn’t know the answer to those “unchartered” situations. The state is arguing that some portion of the Texas immigration law should go into effect immediately, as the intention of the State is to work with federal immigration resources. Further, the State claims the statute mirrors federal immigration laws. However, the courts refuted the notion, specifying if removal orders are issued and the individual does not leave, they are subject to up to 20 years in prison. As such, there is no practical difference between ordering an individual to leave the country or threaten them with up to decade in prison.

The Fifth Circuit Court has yet to issue a ruling. As such, the law remains on hold. This is the latest legal action regarding the Texas law, originally scheduled to go into effect on March 5, 2024. Since being signed by Texas Governor Abbott, several legal proceedings have occurred, up to the U.S. Supreme Court, who effectively returned the matter to the Circuit Court.

ILBSG actively monitors ongoing updates to U.S. immigration laws. As always if you have questions about any U.S. immigration related issue, contact us.

Texas immigration