The fight over Texas’ SB 4 immigration law is heading back to the Fifth Circuit after a new appeal from the state.
AUSTIN, Texas — Texas Attorney General Ken Paxton is asking a federal appeals court to allow broader enforcement of Senate Bill 4 as legal challenges over the Texas immigration law continue.
Paxton filed an appeal with the U.S. Court of Appeals for the Fifth Circuit and requested a stay pending appeal after a lower court blocked portions of the law from taking effect.
Senate Bill 4 makes illegal entry and illegal reentry into Texas from another country state crimes. The law also allows Texas judges to order migrants to return to Mexico and creates penalties for failing to comply with those orders.
According to the attorney general’s office, provisions criminalizing illegal entry remain in effect. The appeal seeks to reinstate provisions tied to illegal reentry that are currently blocked by the court.
In the filing, Texas argued the lower court improperly issued a broad injunction and said the state is likely to succeed on appeal. Attorneys for the state also argued federal immigration law does not prevent Texas from enforcing the measure and claimed the plaintiffs challenging the law lack standing.
Paxton said Texas has the authority to defend its border and vowed to continue defending the law in court.
Opponents of SB 4 have argued immigration enforcement is largely a federal responsibility and warned the law could lead to constitutional violations and racial profiling concerns.
The Fifth Circuit has not yet ruled on the state’s request.