Cases · State immigration-crime laws: Texas S.B. 4 and Iowa S.F. 2340
United States v. Texas
Latest development
Fifth Circuit en banc vacated S.B. 4 injunction on standing
As of April 24, 2026, the en banc Fifth Circuit vacated the preliminary injunction against S.B. 4 for lack of plaintiff standing while expressly avoiding the preemption merits. Rehearing, mandate timing, or Supreme Court review could still affect the practical rollout.
- Status as of
- April 24, 2026
- Source
- Latest order (PDF)
- Docket reviewed through
- April 24, 2026
About the case
United States v. Texas is nationally significant because it tests whether Texas can create and enforce state-law immigration entry and return-order machinery alongside federal removal law. After the federal government dismissed its claims, the en banc Fifth Circuit held on April 24, 2026 that the nonprofit and county plaintiffs lacked Article III standing, vacating the preliminary injunction without reaching whether S.B. 4 is preempted by federal immigration law.
Relief
The private plaintiffs seek to block S.B. 4, which creates state immigration-entry offenses and state return-order procedures that they argue are preempted by federal immigration law.
What's next
The next major milestone is the mandate date, any rehearing or Supreme Court stay request, and any follow-on litigation by plaintiffs with standing.
New on the docket, not yet reviewed
Nothing new since the last review.
Reviewed events
En banc Fifth Circuit vacated S.B. 4 injunction
United States v. Texas · 5th Cir. · Source
Fifth Circuit panel affirmed S.B. 4 injunction
United States v. Texas · 5th Cir. · Source
District court preliminarily enjoined S.B. 4
United States v. Texas · 5th Cir. · Source
In the news
- Texas Tribune coverage of the Fifth Circuit S.B. 4 rulingTexas Tribune · Apr 24, 2026
- ACLU statement on the en banc S.B. 4 rulingAmerican Civil Liberties Union · Apr 24, 2026