Appeals court votes not to reinstate Texas’ ‘show me your papers’ law

In a late Tuesday decision, the 5th Circuit Court of Appeals declined to allow Texas’ controversial “show me your papers” law to go back into effect while a legal fight over its constitutionality plays out, the Associated Press reports.

The 2-1 ruling ruling by the New Orleans-based court likely means Texas won’t be able to enforce the law, Senate Bill 4, until the same panel of judges or the U.S. Supreme Court renders a final decision on its legality, according to the AP.

Passed last year by the GOP-controlled Texas Legislature, SB 4 allows state officials to arrest and deport migrants suspected of being here without proper documentation.

Civil rights groups and the Biden administration argue the law violates the U.S. Constitution, which stipulates that immigration enforcement is a federal responsibility. Opponents also maintain SB 4 will lead to rampant racial profiling.

“We are heartened by the Fifth Circuit’s decision to keep SB 4 from taking effect. It is the first step towards securing accountability for the state of Texas for risking the health, safety, and standards of Texas residents,” Jennifer Babaie, director of advocacy and legal services at Las Americas Immigrant Advocacy Center, said in an emailed statement. “Today’s decision is not the end of this legal battle, and immigrants and Texans of color across our state should remain vigilant, know their rights, and have a plan to protect themselves and their families. We will not stop fighting until this law is struck down for good.”

The appeals court is expected to hear arguments in the case next week, the AP reports.

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This article appears in Mar 20 – Apr 2, 2024.