A 2023 Texas law that lets state police arrest people suspected of entering the country illegally can go into effect after a federal appeals court on Friday lifted a lower court ruling that had stopped it for years.
The Fifth U.S. Circuit Court of Appeals lifted the temporary injunction without weighing in on the underlying legal questions because the plaintiffs lacked standing to sue, according to the court's order. The Legislature passed the law, known as Senate Bill 4, in response to record illegal border crossings that the state said amounted to an invasion, and that have since subsided.
Immigration law has historically been enforced solely by the federal government. Texas lawmakers sought to challenge that precedent with the law, which quickly drew constitutional challenges from immigrants' and civil rights groups who argued the policing of immigration is under the federal government's purview alone.
On Friday, the appeals court ruled that plaintiffs Las Americas Immigrant Advocacy Center, American Gateways and El Paso County could not pursue a lawsuit.
"These Plaintiffs voluntarily incurred costs to advocate for clients. Under recent Supreme Court precedent, that falls far short of conferring standing. We vacate the preliminary injunction to the contrary," the 5th Circuit's order states.
Attorney General Ken Paxton celebrated the ruling on social media.
"Texas's right to arrest illegals, protect our citizens, and enforce immigration law is fundamental," Paxton said. "This is a major win for public safety and law and order."
This is a developing story that will be updated.
This article first appeared on The Texas Tribune.
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