Recent Supreme Court Decision Cited as Basis to Allow Texas Immigration Law

The Fifth Circuit Court is being asked to consider a recent U.S. Supreme Court decision, identified by the state of Texas. In their request, Texas points to the Court’s April 16 decision in DeVillier v Texas. In that matter, the Supreme Court found that a group of Texas landowners can pursue loss of property in the state due to a Texas state law cause of action. Texas argues that using the same reasoning as cited by the Supreme Court, the federal government does not have a legal basis to sue the state and pursue an injunction to the Texas immigration law. The state is asking the circuit court to review the Court’s ruling and overturn U.S. District Court Ezra’s February 29, 2024, injunction that is temporarily blocking the Texas immigration law from being enforced, pending findings of the Fifth Circuit.

Texas, the first state to enact a law making it a state offense to be present without a legal basis, is awaiting the Fifth Circuit findings. The law, known as S. B. 4, gives Texas law enforcement officers the ability to arrest and detain individuals who are suspected of crossing the border without authorization. Further, the state law gives judges the power to return an individual found to be without legal status to the ‘foreign nation from which the person entered’. Illegal entry to Texas is considered a crime, punishable by prison sentences between six months and twenty years, if found guilty. Subsequently, additional states including Florida, Iowa, and Oklahoma, have or are considering similar laws.

The Texas immigration law is the subject of several legal proceedings since it’s signing in December 2023. Currently, the law is under review by the Fifth Circuit Court, following a brief consideration period with the U.S. Supreme Court, who turned the matter back to the Circuit Courts.

As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. We work with our clients in their particular situations to ensure they get the right advice. Contact us if you have any U.S. immigration related questions.