The state of Texas is asking The Fifth Circuit Court to consider a recent U.S. Supreme Court decision in DeVillier v Texas. In that case, the Supreme Court sided with a group of Texas landowners due to a state cause of action law. Using this same reasoning, Texas argues that the federal government does not have a legal right to sue the state and keep the Texas immigration law from going into effect. Texas wants the circuit court to review the Supreme Court’s decision and overturn the U.S. District Court’s February 29, 2024 ruling that is temporarily blocking the Texas immigration law from being enforced.

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

The Texas immigration law has been the subject of several legal challenges since its signing in December 2023. The law is currently under review by the Fifth Circuit Court, following a brief review by the U.S. Supreme Court, who passed the matter back to the Circuit Courts.

As always, we actively monitor ongoing updates to U.S. immigration policy. We work with our clients every step of the way to ensure they stay in compliance. If you have any U.S. immigration related questions, please contact us.