RAICES Bulletin: Fifth Circuit Allows SB4 (Second Update)
By RAICES Public Affairs Director Javier Hidalgo, Esq.
TL;DR The Fifth U.S. Circuit Court of Appeals has lifted a lower court's injunction, allowing SB4, Texas’ sweeping immigration law, to take effect in its entirety during the ongoing appeal. Because the law permits state-level arrests and deportations, RAICES advises staff and at-risk communities to immediately use safety planning and "Know Your Rights" resources to combat potential racial profiling.
WHAT TO KNOW
Issue: The Fifth U.S. Circuit Court of Appeals issued a one-sentence order lifting the lower court's preliminary injunction on Texas' SB4. This decision reverses a May 14, 2026, injunction that blocked the law hours before it was scheduled to take effect. While not a final ruling, it allows the sweeping immigration measure to take effect in its entirety during the ongoing appeal.
Rationale: The Fifth Circuit granted Texas Attorney General Ken Paxton’s motion to stay the injunction pending appeal, but provided no discussion or legal reasoning for its decision. This pauses District Judge Ezra’s prior ruling, which had agreed with civil rights groups that individual states cannot implement immigration policies that supersede federal authority.
RAICES Impact: SB4's full implementation directly threatens RAICES staff and clients by codifying systemic racial profiling based on perceived immigration status. To mitigate this impact, staff should actively direct community members to the safety planning tools and "Know Your Rights" resources available on the RAICES website.
Community Impact: SB4 criminalizes unauthorized reentry and empowers state magistrates to order deportations, requiring state courts to continue prosecutions even if an individual has a pending federal immigration or asylum claim. With families facing the immediate threat of state trooper arrests and state-mandated deportations, at-risk communities should equip themselves with safety plans and updated rights education to navigate potential encounters.
Related Legal Battles: This order is the latest shift in a complex, years-long legal battle over SB4. The primary lawsuit—a proposed class action—remains pending alongside the appeal. Civil rights groups condemned the appellate order as unconstitutional, ensuring that litigation over the law’s ultimate validity will continue.
Broader Immigration Strategy: As a major test case for state-level immigration enforcement, SB4 risks creating a contradictory patchwork of state laws across the country. While Governor Abbott celebrated the ruling and pledged to continue defending state border policies, advocacy groups are urging opponents to highlight the law's severe constitutional overreach and human cost while prioritizing robust community rights education.
