The Fifth Circuit blocked the Texas immigration law in a divided decision. The Texas migrant law purports to give state law enforcement officials the power to arrest and detain individuals thought to be in the state without a legal basis. The majority of the Circuit Court found that federal immigration law likely supersedes state laws. The law, originally scheduled to go into effect on March 5, 2024, is the subject of ongoing legal action.

In the ruling, U.S. Circuit Judge Richman stated that based on the merits, the case seems unlikely to succeed. For a preliminary injunction to stand, likelihood to succeed is a requirement. Further, the judge stated the power to address immigration, including the entry, admission, and removal of noncitizens, is exclusively a federal power. The Texas law effectively creates a separate state ability to affect immigration. As such, the Texas law is at odds with federal law.

In a dissenting opinion, U.S. Circuit Judge Oldman stated Texas should be given the opportunity to show how the Texas migrant law, known as SB4, would work in practice. In previously held arguments, Texas stated they would work with federal law, interpreting the state law to avoid conflict.

ILBSG actively monitors updates to U.S. immigration law. If you have questions about any U.S. immigration related issue, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their particular situation.

Texas immigration