5th Circuit Allows Texas to Enforce Border Law

A federal appeals court ruled on April 24, 2026, that Texas can proceed with enforcing a state law allowing local police to arrest individuals suspected of illegally crossing the U.S.-Mexico border, lifting a previous injunction that had blocked the measure.

The New Orleans-based 5th U.S. Circuit Court of Appeals voted 10-7 to vacate the lower court's order, finding that the challengers—immigrant advocacy groups Las Americas Immigrant Advocacy Center and American Gateways, along with El Paso County—lacked legal standing to sue. The court did not rule on the law's constitutionality, focusing instead on whether the plaintiffs demonstrated a direct injury sufficient to bring the case. "Plaintiffs cannot manufacture standing by voluntarily incurring costs," the majority opinion stated.

Senate Bill 4, signed into law by Texas Governor Greg Abbott in December 2023, classifies illegal entry or reentry into the state from a foreign country as a misdemeanor or felony, depending on prior offenses. It authorizes state and local law enforcement to arrest suspects anywhere in Texas, not just at the border. State judges can order those convicted to return to a port of entry, with penalties of...