Texas Attorney General Ken Paxton has taken a bold step in an attempt to reassert his state's stance on immigration law enforcement, seeking full court reconsideration at the U.S. Court of Appeals for the Fifth Circuit. Paxton is urging the court to uphold Senate Bill 4 (SB 4), the Texas law that criminalizes illegal entry and reentry at the state level, and empowers state judges to enforce immigration-related orders. The move, filed by Paxton, has reignited debates on states' rights and immigration policy, especially in the context of federal sovereignty over border security matters.
The legislation in question, SB 4, was established in 2023 as a response to what has been characterized as a crisis at the Texas-Mexico border. Paxton's argument for the law hinges on the view that Texas has the sovereign authority to manage its own borders, thus ensuring the safety and security of its citizens. The Texas Attorney General previously achieved victories at the Supreme Court level, however a Fifth Circuit panel ruled against the law's enforcement. “Texas has a sovereign right to protect its border from the hordes of illegals seeking to invade our state and harm our citizens,” Paxton said in a statement obtained by the Texas Attorney General's Office. "But I will never stop fighting to close the border and equip state law enforcement with the power to ensure border security."
SB 4 extends beyond simply criminalizing illegal crossings by enabling state law enforcement officials to detain individuals suspected of having entered the U.S. illegally. Judges can also order such individuals to return to their point of origin. In defending SB 4, Paxton has aligned himself against both the Biden Administration and groups he terms "radical open border activists." The Fifth Circuit's previous ruling sparked this latest request for an en banc hearing, where Paxton hopes to see the panel's decision overturned and the law upheld.
Critics argue that immigration policy falls strictly within the purview of the federal government, and state-level enforcement efforts such as SB 4 risk creating a patchwork of inconsistent laws that may undermine federal authority.
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