Texas Can Enforce Controversial Immigration Law, US Appeals Court Decides

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The latest: In the Friday decision by the United States Court of Appeals for the Fifth Circuit, the panel granted Texas’ appeal of a temporary injunction against Senate Bill 4, which would allow for state and local law enforcement officers to arrest people they suspect may have crossed the border illegally. Notably, Judge Leslie Southwick dissented in the decision, which says she would deny the motion.

The order contains few details other than staying the previous injunction. That earlier order had blocked the following provisions:

• The reentry crime would apply to anyone living in or traveling through Texas who reentered the United States — even if the person had federal permission to reenter or has since obtained lawful immigration status such as a green card.
• The power given to magistrates — who don’t know the intricacies of immigration law — to issue deportation orders.
• The crime of failing to comply with the magistrate’s removal orders.
• The requirement that magistrates continue a prosecution even when a person has a pending immigration case under federal law.

Now that the law is enforceable, those provisions can be instated. Read the full order below:

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