Fifth Circuit Denies Texas’ Motion — S.B. 4 Not in Effect Until Court Decides Legality

Last night, the Fifth Circuit Court of Appeals denied Texas’ motion to stay pending appeal. This means that S.B. 4 is not in effect as we wait for the court to determine the legality of the new immigration law. See the full decision below.

Updated Federal Court Activity Timeline

• February 29, 2024: The U.S. District Court for the Western District of Texas granted a preliminary injunction enjoining the enforcement of S.B. 4 because it violated the Supremacy Clause of the U.S. Constitution. Article VI, Clause 2 of the U.S. Constitution, the Supremacy Clause, establishes that the U.S. Constitution and any federal laws made pursuant to it constitute the supreme law of the land and thus take precedence over any conflicting state laws.
• March 2, 2024: The Fifth Circuit Court of Appeals ordered a temporary administrative stay overturning the District Court’s injunction. The Fifth Circuit, however, placed a seven-day stay on its administrative stay to give the federal government an opportunity to appeal this decision to the U.S. Supreme Court. The Fifth Circuit also stated that it will hear oral arguments on the constitutionality of S.B. 4 as soon as possible.
• March 4, 2024: The U.S. Supreme Court ordered an administrative stay on the Fifth Circuit’s order until 4:00 p.m. (CDT) on March 13, 2024. The Supreme Court further ordered Texas to submit a response by March 11.
• March 12, 2024:The U.S. Supreme Court extended the administrative stay on the Fifth Circuit’s order until 4:00 p.m. (CDT) on March 18, 2024.
• March 18, 2024: Justice Alito extended the administrative stay barring S.B. 4 from taking effect.
• March 19, 2024: The U.S. Supreme Court vacated its stay, allowing Texas to enforce its new immigration law.
• March 19, 2024: The Fifth Circuit Court of Appeals dissolved the stay, which allowed the preliminary injunction from the federal district court to bar S.B. 4 until the court considered a motion from Texas to stay the injunction pending appeal.
• March 20, 2024: The Fifth Circuit heard oral argument of Texas’ motion to stay the injunction.
• March 26, 2024: The Fifth Circuit denied Texas’ motion. S.B. 4 will not take effect until the legality of the law is determined on appeal.