RAICES Bulletin: The Fifth Circuit Revives SB4
TL;DR The Fifth Circuit has cleared the way for Texas’ Senate Bill 4 to take effect on May 15, 2026, ruling 10-7 that advocacy groups and El Paso County lacked the legal standing to challenge the law. This decision allows state and local police to arrest and deport individuals suspected of unlawful entry without the court addressing whether the law interferes with federal immigration authority. Consequently, community organizations anticipate a surge in racial profiling.
WHAT TO KNOW
Issue: On April 24, 2026, the Fifth Circuit ruled that Texas may begin enforcing SB4, a law empowering local police to arrest and deport individuals for suspected illegal entry. The court dissolved the existing injunction on procedural grounds, concluding that the plaintiffs—including El Paso County and various advocacy groups—lacked the "standing" required to maintain the lawsuit.
Rationale: The court held that voluntarily incurred costs to advocate for clients do not confer standing under recent Supreme Court precedent. The court avoided addressing the underlying merits of whether SB 4 violates the Supremacy Clause or interferes with the federal government's exclusive authority over immigration. Notably, the mandate for this ruling does not issue until May 15, meaning the law remains blocked until at least that date.
RAICES Impact: Various communities RAICES works with are likely to be affected by this policy. When working with impacted communities, it will be important to consider what resources might be available to help our clients and communities navigate these additional risks. Moreover, the ruling suggests that advocacy groups may face higher bars to establishing standing when challenging policies like this as an organizational plaintiff in federal court.
Community Impact: SB 4's implementation will likely trigger increased racial profiling and fear, threatening U.S. citizens and legal residents with harassment based on "perceived" status. The resulting wave of wrongful arrests will strain local resources and compromise public safety by discouraging migrants from cooperating with local law enforcement.
Related Legal Battles: While the Biden administration originally challenged the law, the Department of Justice under the Trump administration dropped the challenge in 2025, leaving the litigation to be carried forward solely by nonprofit groups and El Paso County. Civil rights organizations have indicated they plan to continue the fight, potentially seeking a reversal from the U.S. Supreme Court.
Broader Immigration Strategy: Advocacy groups should consider new strategies to overcome heightened standing requirements when challenging state-level immigration laws. With impacted communities, the focus should include consideration of guidance and resources that may benefit community members with regard to law enforcement interactions. Racial profiling by law enforcement is not a new concern, and existing guidance and resources should be leveraged where possible. Without a reversal, this ruling will likely embolden other states to enact similar measures.
