In a divided decision, the Fifth Circuit Court blocked the Texas immigration law. The Texas law gives state law enforcement officials the power to arrest and detain individuals thought to be in the state without a legal basis. While divided, the majority of the Fifth 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 challenges.

In the ruling, Fifth Circuit Judge Richman stated that based on the merits, the case seems unlikely to succeed., Likelihood to succeed is a requirement for a preliminary injunction to stand. The judge went on to state that the power to address immigration, including the entry, admission, and removal of noncitizens, is exclusively a power of the federal government. The Texas law essentially creates a separate ability for a state to affect immigration. As such, it conflicts with federal law.

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

We actively monitor 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 every step of the way.