CA5 (2-1) Keeps SB4 Injunction In Place

US v. Texas

"In an effort to stem the tide of illegal immigration into Texas, the state legislature passed a bill known as S. B. 4 that amended various statutes. The new laws prohibit noncitizens from illegally entering or reentering the state and set forth removal procedures. The United States, two nonprofit organizations, and the county of El Paso sued to enjoin enforcement of S. B. 4, arguing it is preempted by federal law. The district court granted a preliminary injunction. Applying the factors set forth in Nken v. Holder, we deny Texas’s motion to stay that injunction pending appeal."