Staff Reports
A federal appeals court has given Texas a green light to begin enforcing SB 4, the 2023 law that empowers the state to arrest and initiate removal proceedings against people who cross into Texas unlawfully, by vacating a lower-court injunction on standing grounds. The full Fifth Circuit concluded that the advocacy groups and El Paso County lacked the legal standing to challenge the law, effectively clearing the path for Texas to act while the merits of the statute remain undecided. This is a major victory for state sovereignty and for Texans who have watched Washington fail to secure the border.
SB 4 creates state-level crimes for illegal entry and reentry and authorizes state judges to order removals, while giving police the authority to detain people suspected of violating the law. For years immigration enforcement has been treated as a federal-only responsibility, but Texas legislators passed this measure after massive waves of illegal crossings that overwhelmed border communities. Conservative leaders argued then, as now, that when the federal government won’t do its job, states must defend their citizens and restore order.
Governor Greg Abbott and Attorney General Ken Paxton wasted no time praising the appeals court’s decision, framing it as a rightful assertion of Texas’s duty to protect its people. Republicans in the state say SB 4 is common-sense law-and-order, a necessary tool to stop the lawlessness that has plagued border towns and strained local services. For hardworking Texans, this isn’t political theater — it’s about beds in hospitals, safety in schools, and the rule of law on the streets of their communities.
Make no mistake: the court’s order did not resolve the constitutional questions around federal preemption and separation of powers, and a vigorous dissent warned that the law could usurp federal authority over immigration. The ruling focused on who had standing to sue rather than on whether Texas can constitutionally craft its own immigration regime — which means the legal battle is far from over and Supreme Court review remains a real possibility. Conservatives should welcome this fight, because it forces a necessary national debate about who is responsible for keeping Americans safe.
Unsurprisingly, Mexico’s government immediately announced it would not accept deportations carried out by the State of Texas, calling any such repatriations illegitimate. Mexico’s refusal underscores the messy reality of the federal government’s failure: if Washington won’t control the border and coordinate removals with neighboring countries, state efforts will collide with international diplomacy and create friction. Texans understand that messy diplomacy is preferable to open borders and the chaos that follows from federal neglect.
This moment should be a wake-up call to every American who values sovereignty, the rule of law, and public safety: when the federal government abdicates, states must step in. The Biden administration’s refusal or inability to secure our borders has real consequences, and Texas’s resolve to enforce its laws is both principled and practical. If national leaders won’t protect citizens, then governors and legislatures must act to preserve the country for future generations.
Expect the left and its legal allies to litigate this to the highest courts, and expect the media to paint any enforcement as heartless while ignoring the human cost of lawlessness. Conservatives should stand with Texas officials who are doing the hard work of defending communities, demanding that Washington finally do its duty, and insisting that American citizens come first. The coming months will test whether our republic still respects state action to defend its people or allows anarchy at the border to become permanent.
