Texas Attorney General Ken Paxton on Friday appealed a federal judge’s order halting the enforcement of a law that blocks state and local police from arresting suspected illegal immigrants.The case concerns Senate Bill 4, a long-contested state law that cracked down on illegal immigration during the Biden administration. The law is still facing legal challenges.U.S. District Court Judge David Alan Ezra, a Reagan appointee, issued a preliminary injunction on May 14, blocking certain provisions in the law.
While Ezra permitted the law’s provision to criminalize illegal entry at the state level, the judge blocked the portion of the law that would allow Texas police to detain illegal immigrants and hand them over to federal authorities.
Paxton filed the appeal with the U.S. Court of Appeals for the 5th Circuit on behalf of Freeman Martin, director of the Texas Department of Public Safety. Martin faces a lawsuit filed by a coalition of civil rights groups, including the American Civil Liberties Union.
Paxton is asking the appeals court to stay the lower court’s preliminary injunction pending the appeal.
“Director Martin is likely to prevail on the merits of his appeal both because the district court lacked jurisdiction and because S.B.4 is not preempted by federal immigration law but rather compliments it,” the court document states.
