By Howard Fischer | Capitol Media Services
Key Points:
- Fifth Circuit Court of Appeals tosses out challenge to Texas law allowing arrests of people who entered the country illegally
- Arizona’s Proposition 314 enforcement is contingent on the fate of Texas SB 4 law
- Opponents of the immigration measure say the fight isn’t over
A voter-approved measure to allow state and local police to arrest some people who entered the country illegally could be one step closer to enforcement.
In a divided decision, the Fifth Circuit Court of Appeals on Friday tossed out a challenge to a Texas law with virtually identical language. The majority concluded that the groups trying to get SB 4 declared unconstitutional lacked the legal standing to sue.
What makes that important is that Proposition 314, approved by Arizona voters in 2024 by a margin of more than 3-2, has a clause making its enforcement contingent on whether SB 4 was found to be legal.
The new ruling in Texas is not the last word. It could mean, however, that the only thing holding up enforcement of the Arizona law is a final ruling by the U.S. Supreme Court.
