Texas Attorney General Seeks Full Appeals Review of Immigration Enforcement Law

Texas Attorney General Ken Paxton has filed a petition for an en banc rehearing with the U.S. Court of Appeals for the Fifth Circuit to uphold Senate Bill 4 (SB 4), a 2023 Texas law that criminalizes illegal entry and reentry at the state level and empowers state law enforcement and judges to detain and order undocumented immigrants to leave. Paxton argues that SB 4 asserts Texas's sovereign right to protect its border and maintain security, a stance he defends against opposition from the Biden Administration and groups he calls "radical open border activists." The law is controversial, as critics contend that immigration enforcement is a federal responsibility and that SB 4 risks duplicative enforcement and civil rights violations. A prior Fifth Circuit panel ruled the law unenforceable, citing the federal government’s exclusive power over immigration, but Paxton contends this conflicts with Supreme Court precedent and infringes on states' police powers. Supporters highlight SB 4 as a necessary measure amid border security concerns, while dissenting judges have lamented the limitation on states’ rights and public concern over illegal immigration. Paxton's ongoing legal efforts reflect a broader conflict over state versus federal authority in immigration policy.