A three-judge federal appeals panel upholds the block on Texas SB 4, ruling states cannot enforce their own immigration crimes

A divided three-judge panel of the Fifth Circuit Court of Appeals issued a July 3, 2025, opinion affirming Judge Ezra preliminary injunction and holding that Texas SB4 is preempted by federal immigration law. The 2-1 majority cited Arizona v. United States and the federal government comprehensive INA enforcement scheme, noting that from May to November 2023, DHS removed or returned over 400,000 people at the southwest border -- evidence that the federal government was already actively exercising its exclusive enforcement authority. The dissenting judge argued the majority applied preemption too broadly. Texas Attorney General Ken Paxton immediately announced he would seek en banc review before the full Fifth Circuit.