Since 2024, TMCEC has been monitoring S.B. 4, the “Texas Illegal Immigration Law.” The bill, originally scheduled to go into effect on March 5, 2024, is still embroiled in federal litigation. TMCEC will continue to monitor this fluid situation and keep constituents apprised of updates. This page is intended to provide a central landing spot for information related to S.B. 4 as it unfolds.
Select Procedural History
- Western District granted preliminary injunction:
https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172770230/gov.uscourts.txwd.1172770230.42.0_3.pdf - 5th Circuit granted a temporary administrative stay: https://www.ca5.uscourts.gov/opinions/unpub/24/24-50149-CV0.pdf
- U.S. Supreme Court vacated order (1 concurring opinion, 2 dissents): https://www.supremecourt.gov/opinions/23pdf/23a814_febh.pdf#page=16
- 5th Circuit dissolved administrative stay entered on March 2, 2024, and set oral argument for March 20th: https://tmcecblog.files.wordpress.com/2024/03/administrative-stay-dissolved.pdf
- 5th Circuit denied Texas’ motion to stay the injunction. S.B. 4 will not take effect until the legality of the law is determined on appeal. https://tmcecblog.files.wordpress.com/2024/03/2024.03.26.d-non-dispositive.pdf
- 5th Circuit affirmed the district court’s order granting a preliminary injunction.
- On July 3, 2024, the 5th Circuit affirmed the district court’s grant of a preliminary injunction holding S.B. 4 infringes on a preempted field and conflicts with federal law.
- On August 29, 2024, the 5th Circuit granted a petition for rehearing en banc and vacated the July 3 opinion.
- On April 24, 2026, the 5th Circuit (en banc) vacated the preliminary injunction, holding that none of the plaintiffs (nonprofit organizations or El Paso County) had Article III standing to challenge S.B. 4 under the reasoning of FDA v. Alliance for Hippocratic Medicine, 602 U.S. 367 (2024). The court did not reach the merits of the conflict-preemption claim. Read the opinion here.
- On May 14, 2026, the U.S. District Court for the Western District of Texas granted a preliminary injunction in L.M.L. & K.G.S. v. Martin, No. 1:26-CV-01170-DAE, enjoining enforcement of most of S.B. 4’s re-entry and removal provisions, including Sections 51.03 and 51.04 of the Penal Code and Articles 5B.002 and 5B.003 of the Code of Criminal Procedure. The court held that the plaintiffs demonstrated standing based on a substantial threat of enforcement and concluded that the challenged provisions are likely preempted by federal law under the Supremacy Clause because immigration regulation is a field dominated by federal interests. The court did not enjoin enforcement of Section 51.02 of the Penal Code (illegal entry other than at a port of entry) or Article 42A.059 of the Code of Criminal Procedure (no probation or deferred adjudication for Chapter 51 offenses). Read the opinion here.
- On May 29, 2026, the 5th Circuit stayed the district court’s preliminary injunction in L.M.L. & K.G.S. v. Martin pending appeal, allowing enforcement of the enjoined provisions of S.B. 4 while the appeal proceeds. The order was issued per curiam, with Judge Southwick dissenting. Read the order here.
For up to date information, please check out the TMCEC blog, Full Court Press. Follow TMCEC’s social media feed by going to the home page.