Federal appeals court revisits challenge to Texas SB 4 immigration law

Federal appeals court reconsiders challenge to Texas immigration law known as SB 4

Texas is challenging how far a state can go to police its own borders with a strict new immigration law.

The law, known as Senate Bill 4, has sparked a major legal battle between state officials and the federal government over who has the final say on deportation.

This conflict has moved through various courts and is now being reconsidered by the full federal appeals court. The outcome could change how immigration laws are enforced nationwide for years to come.

Full court of 17 judges will hear the case en banc

Unlike a standard appeal heard by a small panel, this case is being reviewed by the entire active bench of the court.

The Fifth Circuit has 17 active judgeships, and en banc rehearings are typically heard by the court’s active judges (with exceptions if any judges are recused).

An en banc ruling would carry significant weight and could shape the next phase of the litigation, including whether the dispute returns to the U.S. Supreme Court.

Illegal entry becomes a Class B misdemeanor with jail time

Under the new rules of Senate Bill 4, crossing the Texas border anywhere other than a lawful port of entry is a state crime. First-time offenders can be charged with a Class B misdemeanor, which carries a maximum punishment of 180 days in county jail.

This provision allows local and state police to arrest migrants they suspect of entering illegally, rather than waiting for federal agents. Critics argue this overlaps with federal powers, while supporters say it is necessary for state security.

Repeat offenders face up to 20 years in prison

The law includes much harsher penalties for people who have been deported before or who have a criminal record.

Illegal reentry under S.B. 4 is generally a Class A misdemeanor (up to one year in jail and a fine up to $4,000), but certain prior offenses can enhance the charge to a felony, in some cases carrying a sentencing range of up to 20 years.

This severe punishment is designed to deter people from attempting to cross the border again after being removed. The potential for such long sentences has drawn sharp criticism from civil rights groups and legal experts.

First-time fines for illegal entry are capped at $2,000

In addition to potential jail time, the law allows state judges to impose financial penalties on those convicted of illegal entry. A person found guilty of this Class B misdemeanor can be ordered to pay a fine of up to $2,000.

For many migrants who have traveled long distances with very few resources, this fine presents a significant burden.

The law also allows a judge, in limited situations and under specific conditions, to order a person to return to the country they entered from as an alternative to continuing the state prosecution.

Supreme Court briefly allowed law to take effect in March 2024

The legal battle over Senate Bill 4 has already reached the highest court in the nation, amid a fast-moving procedural back-and-forth. On March 19, 2024, the U.S. Supreme Court issued an order allowing the law to take effect for a few hours.

This decision was procedural and did not address the merits of the law, but it caused confusion at the border. The 5th Circuit Court of Appeals quickly blocked the law again later that same evening to continue their review.

Operation Lone Star has cost Texas over $11 billion

Senate Bill 4 is part of a broader state-led border security initiative known as Operation Lone Star. Since the operation began in 2021, the state of Texas has allocated more than $11 billion in taxpayer funds to support these efforts.

This money pays for the deployment of National Guard troops, the construction of border barriers, and the busing of migrants to other states.

Supporters argue this spending is necessary to fill gaps left by the federal government, while opponents call it a waste of resources.

Illegal re-entry is a Class A misdemeanor with higher fines

If a person enters Texas illegally after being previously denied admission, the charges are elevated. This offense is classified as a Class A misdemeanor, which carries a higher financial penalty than a first-time entry.

The maximum fine for this charge is $4,000, doubling the cost for the accused. This tiered system of penalties is meant to punish repeat violations of the state’s border laws more severely than initial attempts to cross the border.

Authorities have apprehended over 513,000 migrants

The state’s strict enforcement approach has led to numerous encounters between law enforcement and migrants.

Texas officials say Operation Lone Star has resulted in hundreds of thousands of migrant apprehensions; the Governor’s office reported more than 533,800 apprehensions on June 20, 2025.

These apprehensions are separate from federal Border Patrol statistics and reflect the direct involvement of state troopers and National Guard members. This high number is often cited by state officials as proof that their tactics are working to secure the border region.

Arizona v. United States set a precedent in 2012

The legal arguments against Senate Bill 4 rely heavily on a landmark Supreme Court case from over a decade ago. In 2012, the Supreme Court ruled in Arizona v. United States that the federal government has broad and exclusive power over immigration enforcement.

That decision struck down key parts of an Arizona law that sought to create state-level immigration crimes similar to those in the Texas bill.

Legal experts are watching to see how the courts apply (or distinguish) the Supreme Court’s 2012 Arizona v. United States framework in Texas’ case.

Felony charges carry a potential $10,000 fine

For the most serious violations under Senate Bill 4, the financial consequences can be incredibly steep.

If a migrant is charged with a felony for refusal to comply with a deportation order or for illegal re-entry with a criminal record, the fine can reach $10,000. This is the maximum fine for felonies under the Texas Penal Code.

Prosecutors use the threat of these high fines and lengthy prison sentences to encourage migrants to accept voluntary return orders instead of going to trial.

Original panel blocked the law by a 2-1 vote

Before the case moved to the full “en banc” court, it was heard by a smaller three-judge panel of the 5th Circuit. In March 2024, that panel voted 2-1 to block Senate Bill 4 from staying in effect while the legal challenges continued.

The majority opinion argued that the Texas law likely interfered with federal authority, while the dissenting judge believed the state had a right to defend itself.

This vote highlights the complex legal disagreement that the full court must now resolve.

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State judges can order migrants to return to Mexico

The core feature of Senate Bill 4 is the power it gives to local judges to effectively deport people. The law permits a state magistrate to order a person to return to the foreign nation from which they entered, which is Mexico.

If the person refuses to comply with this order, they face a second-degree felony charge. This provision creates a state-run deportation system that operates alongside, and potentially in conflict with, the federal immigration system.

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This slideshow was made with AI assistance and human editing.

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