Judges of the Fifth Circuit court questioned Texas on the procedures that will be used to enforce the State’s immigration law, known as SB4. The law gives state officials the authority to stop, arrest, and detain individuals thought to be in the state without a legal basis. The Circuit Court asked for a detailed explanation of exactly how the law will be enforced. Some of the questions asked by the court included 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 state’s attorney said he didn’t know the answer to those “unchartered” situations. Texas is arguing that some part of the Texas immigration law should go into effect immediately, stating that the intention of the State is to work with federal immigration resources. Further, the State claims the statute mimics federal immigration laws. However, the courts disagreed with that 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 real difference between ordering an individual to leave the country and threatening them with up to a decade in prison.

The Fifth Circuit Court has not yet issued a ruling, so the law remains on hold. This is the most recent legal action regarding the Texas law. It was originally scheduled to go into effect on March 5, 2024. Since being signed by Texas Governor Abbott, several legal proceedings have occurred, including up to the U.S. Supreme Court, who returned the matter to the Circuit Court.

We actively monitor ongoing updates to U.S. immigration laws. As always if you have questions about any U.S. immigration related issue, please reach out to us.