Ken Paxton asks for rehearing from full federal appeals court on Texas immigration law

AUSTIN, Texas – Texas Attorney General Ken Paxton is asking a full federal appeals court to reconsider its decision to uphold a ruling that prevents the state from enforcing a 2023 law that would allow local police to arrest people they believe crossed the Texas-Mexico border illegally.

“Radical open border activists have sought to undermine Texas’s right to defend itself, but I will never stop fighting to close the border and equip state law enforcement with the power to ensure border security,” Paxton said.

In a filing on Thursday, Paxton argues that the panel’s July ruling stating the U.S. Constitution covered the entirety of immigration enforcement goes against precedent set by the Supreme Court.

“The panel’s holding deprives Texas – and every other State – of the police power to protect its citizens from the scourge of illegal immigration,” court documents state.

The backstory:

A 2-1 decision from the Fifth Circuit Court of Appeals in July ruled that the law is at odds with federal law that says that immigration is an issue for the federal government and not state governments.

What they’re saying:

“For nearly 150 years, the Supreme Court has recognized that the power to control immigration—the entry, admission, and removal of aliens— is exclusively a federal power,” Judge Priscilla Richman wrote in the opinion.

The other side:

The dissenting opinion from the panel echoed arguments that Paxton made in Thursday’s filing.

Judge Andrew Oldham said the majority ruling “usurps the State of Texas’s sovereign right to police its border and battle illegal immigration.”

“Today is a sad day for Texas and for our court,” Oldham wrote. “It is a sad day for the millions of Americans who are concerned about illegal immigration and who voiced those concerns at ballot boxes across Texas and the Nation—only to have their voices muted by federal judges.”

Senate Bill 4

The backstory:

Senate Bill 4 was signed in 2023.

The law would allow local law enforcement officers to arrest migrants caught crossing the border between ports of entry. Those who are caught later, anywhere in Texas, and admit they crossed illegally can also be charged under SB 4. 

A judge could drop the charges if a migrant agrees to return to Mexico, and police could turn over migrant families to Border Patrol agents to avoid separating children from their parents instead of arresting them.

The legislation came about after Texas lawmakers said the Biden administration was not doing enough to stop illegal immigration.

The government sued Texas, saying the state violated the constitution which establishes the federal government as the ultimate say in all things related to immigration.

Several advocacy groups also sued the state to block the law from taking effect.

The federal government filed for a voluntary dismissal of their claim in March.