Texas can now move forward with enforcing a 2023 law that lets state police detain people suspected of illegally entering the country, after the Fifth Circuit lifted a temporary injunction and found the challengers lacked standing.
On Friday the 5th U.S. Circuit Court of Appeals removed a preliminary barrier that had been blocking enforcement of the Texas law passed in 2023. The decision clears the path for Texas officers to arrest individuals suspected of being in the country unlawfully under the provisions of that statute.
The lawsuit was brought by Las America Immigrant Advocacy Center, American Gateways, and the County of El Paso against Freeman F. Martin in his role as director of the Texas Department of Public Safety. Those groups argued the law would harm the people they represent and sought to stop it before enforcement began.
The appeals court issued a 159-page ruling explaining why the challengers failed to establish legal standing to keep the law on hold. The panel concluded the plaintiffs “voluntarily incurred costs to advocate for clients” and therefore could not rely on those expenses to create a justiciable dispute.
“Plaintiffs must have a ‘personal stake in a case to have standing to sue.” Plaintiffs cannot ‘manufacture standing by voluntarily’ incurring costs,” the ruling read. “That should be the end of this matter: 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 court’s finding makes clear that federal judges should not freeze state laws based on hypothetical or self-inflicted harms claimed by advocacy groups. The panel tied its outcome to recent Supreme Court precedent that limits who can bring federal lawsuits on behalf of others.
Texas passed Senate Bill 4 in 2023 after a sustained rise in unlawful border crossings during the previous federal administration. State leaders argued the law was a necessary response to federal inaction and intended to restore basic law and order at the border and in communities affected by the surge.
After the Fifth Circuit’s action, the path is open for local law enforcement in Texas to carry out arrests under the framework the Legislature approved. The ruling emphasizes that policy disputes belong with voters and legislatures, not with plaintiffs who lack the required personal stake to sue.
Texas Attorney General Ken Paxton welcomed the ruling as a vindication of the state’s authority to enforce its laws.
Editor’s Note: Thanks to President Trump, illegal immigration into our great country has virtually stopped. Despite the radical left’s lies, new legislation wasn’t needed to secure our border, just a new president.
