A federal judge in Texas blocked enforcement of portions of Senate Bill 4, the state's controversial immigration law scheduled to take effect Friday, while permitting other sections to proceed.
The injunction prevents Texas from arresting and removing immigrants who have reentered the United States after deportation. This provision directly conflicted with federal immigration authority, which reserves deportation powers exclusively for the federal government under the Immigration and Nationality Act. The judge found the state lacked constitutional authority to carry out removal operations.
However, the court allowed multiple provisions to take effect. These include criminal penalties for illegal entry into Texas, making it a state felony to cross the border outside official ports of entry. The law also permits state law enforcement to arrest immigrants for entering or attempting to enter the state illegally, and grants Texas courts jurisdiction over deportation proceedings that mirror federal processes.
The partial block reflects ongoing tension between state and federal immigration enforcement. Texas argues it may enact its own border security measures given federal enforcement gaps. The Biden administration challenged the law as unconstitutional overreach into exclusive federal immigration jurisdiction.
Federal courts have repeatedly struck down state immigration laws that attempt to duplicate federal removal authority. However, courts have permitted states to criminalize conduct related to illegal entry when such conduct also violates state penal law independent of immigration status.
The ruling stands on narrow grounds. State criminal provisions survived judicial review, but the state cannot personally execute removal decisions that belong to federal immigration officials. Texas can arrest and prosecute immigrants under its new state law, but federal Immigration and Customs Enforcement agents must handle actual deportations.
Legal observers note the decision likely faces appeal. The Fifth Circuit Court of Appeals, which covers Texas, has historically taken broader views of state immigration authority than other circuits. The Supreme Court may eventually resolve whether states can criminalize illegal entry through their own statutes, a question with consequences for multiple states considering similar legislation.
The law takes effect Friday with these