Judge Ezra issues 114-page injunction blocking SB 4, ruling immigration enforcement belongs to the federal government

U.S. District Judge David Ezra issued a 114-page preliminary injunction blocking Texas from enforcing SB4, ruling that the Constitution and Supreme Court precedent give the federal government exclusive authority to regulate immigration. Ezra wrote that SB4 threatens the fundamental notion that the United States must regulate immigration with one voice and rejected Texas argument that a surge in border crossings constituted an invasion under the Constitution triggering the state right to self-defense. The Department of Justice had filed its lawsuit on January 3, 2024, arguing the law was preempted by federal immigration statutes including the Immigration and Nationality Act. Ezra, a Reagan appointee, found that allowing the law to stand would revive the discredited constitutional theory of nullification.