Key Takeaways
- On May 29, 2026, a Fifth Circuit panel stayed a district court injunction, clearing the way for Texas to begin enforcing key provisions of Senate Bill 4 (SB 4).
- SB 4 creates a state crime for entering Texas from another country anywhere other than a lawful port of entry — a first offense is a misdemeanor, and refusing to comply with a removal order can carry felony penalties of up to 20 years.
- The order also revived state magistrates’ authority to issue removal orders and the offense of failing to comply with them.
- This is a stay pending appeal, not a final ruling on whether SB 4 is constitutional. The litigation may ultimately reach the U.S. Supreme Court.
- For anyone in North Texas, SB 4 charges are state criminal charges prosecuted in Texas courts — with the same rights to counsel, to remain silent, and to challenge the stop and the evidence.
What the Fifth Circuit actually did
On Friday, May 29, 2026, a panel of the U.S. Court of Appeals for the Fifth Circuit issued a brief order that stayed a federal district court injunction blocking Senate Bill 4. In plain terms, a lower court had paused the law; the appeals court has now lifted that pause while the appeal plays out. That allows Texas law enforcement to begin enforcing several core provisions of SB 4 and lets state magistrates issue removal orders.
Judge Leslie Southwick was the lone dissenter and would have denied Texas’s request. The order was short and did not resolve the underlying question of whether SB 4 is constitutional — it only decided who wins while the case continues.
What SB 4 makes a crime
SB 4, signed by Governor Greg Abbott in December 2023, creates a new state offense: entering Texas from a foreign nation at any place other than a lawful port of entry. A first violation is charged as a misdemeanor. The provisions revived by the May 29 order also include:
- A re-entry offense that, as written, can reach people who later obtained lawful status such as a green card.
- Authority for state magistrates to order removal.
- A separate offense of failing to comply with a magistrate’s removal order — which can carry felony penalties of up to 20 years in prison.
Because these are state crimes, they are prosecuted in Texas courts by Texas prosecutors — not in federal immigration court. That distinction matters enormously for how a case is defended.
How we got here: the procedural history
The road to this order has been long and is far from over:
- December 2023 — Governor Abbott signs SB 4 into law.
- February 2024 — A federal district court blocks SB 4; the Fifth Circuit upholds that injunction the following month. The U.S. Supreme Court briefly allowed the law to take effect in March 2024 before it was halted again.
- March 2025 — The federal government dismisses its own challenge, leaving El Paso County and advocacy organizations as the remaining plaintiffs.
- April 24, 2026 — The full Fifth Circuit, sitting en banc, vacates the injunction by a 10–7 vote, holding that the plaintiffs lacked standing. It did not rule on whether SB 4 is constitutional.
- May 4, 2026 — The ACLU, the ACLU of Texas, and the Texas Civil Rights Project file a new class action, and a district court issues a fresh injunction.
- May 29, 2026 — The Fifth Circuit panel stays that new injunction — the order discussed here.
What this means if you are charged in Texas
An SB 4 charge is a criminal case. Like any criminal case, it can rise or fall on the details: Was the stop lawful? Was there probable cause? Was the arrest handled correctly? Was the person actually within the conduct the statute covers? A stay pending appeal does not change the fact that the State still has to prove every element beyond a reasonable doubt.
It is also important to understand that the law remains in active litigation. Provisions that are enforceable today could be blocked again tomorrow if a higher court intervenes. Anyone facing or worried about SB 4 exposure should get individualized advice rather than relying on headlines.
Your rights have not changed
Whatever happens with SB 4 in the courts, your core constitutional protections in a Texas criminal case remain the same:
- You have the right to remain silent.
- You have the right to an attorney.
- You have the right to challenge the stop, the search, and the evidence against you.
If you or a family member is detained or charged under SB 4 in the Frisco, Collin County, or broader North Texas area, talk to a criminal defense attorney before answering questions.
Frequently asked questions
Is SB 4 in effect right now?
As of the May 29, 2026 order, the Fifth Circuit has stayed the injunction, which allows Texas to enforce the affected provisions for now. This is a temporary status while the appeal proceeds and can change.
Is an SB 4 charge a federal immigration case?
No. SB 4 creates Texas state crimes, prosecuted in Texas courts. That is a separate system from federal immigration proceedings, though the two can overlap in a person’s life. Getting advice that addresses both is important.
Did the court decide SB 4 is constitutional?
No. The May 29 order decided only who prevails while the appeal continues. The underlying constitutional questions remain unresolved and may ultimately reach the U.S. Supreme Court.
What should I do if a family member is arrested under SB 4?
Do not answer questions beyond identifying information, and contact a criminal defense attorney as soon as possible. Early decisions — about statements, searches, and appearances — can shape the entire case.