Introduction to the 2023 Law
AUSTIN — The legality of a 2023 law signed by Gov. Greg Abbott that allows the state to enforce federal immigration law will be decided by all 17 judges of a federal appeals court.
The 5th U.S. Circuit Court of Appeals on Friday afternoon announced that the majority of the 17 judges agreed to reconsider a July ruling issued by three judges on the court that declared Senate Bill 4 — which allows state and local police to arrest undocumented migrants and charge them with a state crime — unconstitutional. The 5th Circuit is viewed as the most conservative appellate court in the country.
The appeals court’s decision Friday also vacated the 2-1 ruling issued in July by a three-judge panel that declared Texas cannot enforce federal immigration laws. The law, however, remains on hold. The court did not issue a briefing schedule Friday but it’s likely the court would issue its ruling in 2026.
Background of the Law
Republican lawmakers crafted SB 4 in late 2023 and Abbott signed it in December of that year. Republicans at the time said the law was needed because of the record number of undocumented migrants entering Texas and that President Joe Biden’s administration was failing to enforce federal immigration laws.
Democrats and migrant activists were outraged at the law, saying it would lead to racial profiling of Hispanic and Latino Texans and amounts to passing a show-me-your-papers law.
Provisions of the Law
SB 4 has two major provisions.
First, SB 4 makes it a state crime to cross the border without authorization, allowing migrants to be charged with new crimes such as illegal entry from a foreign country or illegal reentry after a prior deportation.
Second, the law creates a state-initiated removal process. Migrants convicted of illegal entry or reentry from a foreign nation would be subject to deportation after serving their state sentence. Migrants also can be removed without a conviction under SB 4.
If a judge or magistrate determines there is probable cause that a migrant entered or reentered the country illegally, the charge can be dismissed with a written order requiring the migrant to return to the country “from which the person entered or attempted to enter.”
Lawsuit Against the Law
Federal immigration judges – who are under the Justice Department – are the judges who issue deportation orders for migrants.
The Biden administration sued Texas in January 2024 — a month after Abbott signed the law. Biden officials argued that the law was unconstitutional as the federal government is responsible for enforcing federal immigration laws.
President Donald Trump’s Justice Department dropped the case against Texas. The lawsuit, however, continued because two immigration advocacy groups also sued the state over the law.
Related
Political Points
Conclusion
In conclusion, the 2023 law signed by Gov. Greg Abbott has been a topic of controversy and debate. The law allows the state to enforce federal immigration law, which has been met with opposition from Democrats and migrant activists. The law has two major provisions, making it a state crime to cross the border without authorization and creating a state-initiated removal process. The Biden administration sued Texas over the law, arguing that it is unconstitutional. The lawsuit is ongoing, and the court is expected to issue a ruling in 2026.
Frequently Asked Questions
Q: What is the 2023 law signed by Gov. Greg Abbott?
A: The 2023 law signed by Gov. Greg Abbott allows the state to enforce federal immigration law.
Q: What are the two major provisions of the law?
A: The two major provisions of the law are making it a state crime to cross the border without authorization and creating a state-initiated removal process.
Q: Who sued Texas over the law?
A: The Biden administration sued Texas over the law, arguing that it is unconstitutional.
Q: What is the current status of the lawsuit?
A: The lawsuit is ongoing, and the court is expected to issue a ruling in 2026.
Q: What is the expected outcome of the lawsuit?
A: The expected outcome of the lawsuit is uncertain, but the court is expected to issue a ruling in 2026.
