Appeals court reversed ruling on Texas Senate Bill 4

EL PASO, Texas (KVIA) -- According to the American Civil Liberties Union (ACLU), The Fifth Circuit Court of Appeals today reversed a panel ruling that had affirmed a lower court’s injunction against Texas Senate Bill 4 (88-4).

Texas Senate Bill 4 (S.B 4) was passed by the Texas Legislature in 2023, which made it a state crime to enter Texas from Mexico without authorization and allows local police to arrest people based on immigration status. The law also allows state officers to order people removed.

Previously, a Fifth Circuit panel ruled that S.B. 4 is unconstitutional, but the ACLU says the full court reached a different conclusion solely on procedural grounds. The full court held that the plaintiffs lacked standing to bring the challenge, reversing its own three-judge panel decision from July 2025, which had the ACLU says had confirmed standing.

According to the ACLU, the full court did not rule on whether S.B. 4 is constitutional, with this the Fifth Circuit’s mandate does not issue until May 15 and the ACLU says this leaves the preliminary injunction against S.B. 4 in effect at least until that date.

“This decision leaves the door open to exactly the kind of state overreach S.B. 4 represents,” said David Donatti, senior staff attorney for the ACLU of Texas. “If it goes into effect, communities and families across Texas will face surveillance, suspicion, and the constant threat that any encounter with law enforcement could upend their lives.”

“The court’s ruling overlooks the fact that S.B. 4 is an unconstitutional attempt by the state to seize federal immigration powers,” said El Paso County Attorney Christina Sanchez. “This law opens the door to widespread harassment, specifically targeting border communities like ours. We remain committed to ensuring that El Paso remains a place where the law protects everyone, rather than being used to target them.”

The American Civil Liberties Union, ACLU of Texas, and Texas Civil Rights Project filed the lawsuit on behalf of Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County, arguing that S.B. 4 violates the Supremacy Clause of the U.S. Constitution and is preempted by federal immigration law.