United States v. Texas (2024)

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United States v. Texas
Seal of the United States Court of Appeals for the Fifth Circuit.svg
CourtUnited States Court of Appeals for the Fifth Circuit
Full case name United States of America v. The State of Texas, Greg Abbott, Texas Department of Public Safety, and Steven McCraw
ArguedMarch 20, 2024

United States v. Texas, et al. [a] is a court case in the United States Court of Appeals for the Fifth Circuit regarding Texas Senate Bill 4 (S.B. 4), a Texas statute allowing state officials to arrest and deport migrants. The Biden administration, the county of El Paso, and two civil rights organizations petitioned the U.S. Supreme Court to vacate the stay of the lower court's preliminary injunction of S.B. 4. Texas governor Greg Abbott argued that the bill was supported by a clause in the Constitution forbidding states from declaring war unless an invasion occurs. [1] The U.S. Supreme Court denied the application to vacate on March 19, 2024. On March 26, 2024, the Fifth Circuit denied Texas’ motion for a stay of the preliminary injunction pending appeal.

Contents

Background

Texas immigration law

In December 2023, Texas governor Greg Abbott signed S.B. 4, allowing state officials to arrest and deport migrants. [2] S.B. 4 prohibited noncitizens from illegally entering or reentering the state and established removal procedures. The United States, two non-profit organizations, and the county of El Paso sued at the United States District Court for the Western District of Texas to enjoin Texas from enforcing S. B. 4., arguing that it was preempted by federal law. [3]

Procedural history

The district court granted a preliminary injunction. Texas appealed and filed a motion to stay the injunction pending appeal. The Fifth Circuit issued an administrative stay of the district court’s injunction. On March 19, 2024, the U.S. Supreme Court allowed Texas to enforce S.B. 4 pending appeal. [3] That same day, the Fifth Circuit lifted its administrative stay and on March 20, 2024, heard oral argument on Texas' motion to stay the injunction pending appeal. [4] [5]

Opinion of the Court

The Fifth Circuit denied Texas’s motion for a stay pending appeal because Texas had not shown it was likely to succeed on the merits. [4]

The court found that the federal government has broad and exclusive power over immigration, including the entry and removal of noncitizens. The court also noted that the Texas law interfered with the federal government's foreign policy objectives and could lead to international friction and potentially take the United States out of compliance with its treaty obligations. [4]

Notes

  1. ↑ Decided with Las Americas Immigrant Advocacy Center, et al. v. McCraw and Hicks.

References

  1. ↑ Liptak, Adam (March 19, 2024). "Supreme Court Won't Block, for Now, Aggressive Texas Immigration Law". The New York Times . Retrieved March 19, 2024.
  2. ↑ Goodman, J. David (December 18, 2023). "Abbott Signs Law Allowing Texas to Arrest Migrants, Setting Up Federal Showdown". The New York Times . Retrieved March 19, 2024.
  3. 1 2 "Supreme Court allows Texas to enforce state deportation law". SCOTUSblog. March 19, 2024. Retrieved March 2, 2025.
  4. 1 2 3 "United States v. Texas, No. 24-50149 (5th Cir. 2024)". Justia Law. Retrieved March 2, 2025.
  5. ↑ "United States v. State of Texas, 24-50149 - CourtListener.com". CourtListener. Retrieved March 2, 2025.
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