A federal appeals court has allowed Texas to move forward with enforcing a Republican-backed law permitting state authorities to arrest and prosecute individuals suspected of illegally crossing the U.S.-Mexico border. In a 10-7 decision, the New Orleans-based 5th U.S. Circuit Court of Appeals overturned a 2024 injunction that had blocked the law. The measure, signed by Texas Governor Greg Abbott in December 2023, makes illegal entry or re-entry into Texas a state crime and allows judges to order violators to leave the country, with penalties of up to 20 years in prison for non-compliance.
The law had been challenged by the administration of then-President Joe Biden, which argued that immigration enforcement falls under federal jurisdiction. Although the case was later dropped under President Donald Trump’s administration, legal challenges continued from immigrant advocacy groups including Las Americas Immigrant Advocacy Center and American Gateways, along with El Paso County. Earlier rulings, including a July 2025 decision by a three-judge panel, had upheld the injunction, stating that the Texas law interfered with federal immigration authority.
In Friday’s ruling, U.S. Circuit Judge Jerry Smith wrote that the advocacy groups lacked standing to challenge the law, emphasizing judicial caution against generalized grievances. Texas Attorney General Ken Paxton welcomed the decision, calling it a victory for the state’s right to enforce immigration laws and protect its citizens. However, dissenting judges, including Priscilla Richman, argued the law conflicts with established Supreme Court precedent, asserting that Texas cannot create its own immigration system. Advocacy groups have vowed to continue challenging the law, signaling further legal battles ahead.
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