Federal appeals court to decide whether Texas can give police broad powers to arrest migrants

A federal appeals court is set to decide whether a Texas law to give police broad powers to arrest migrants suspected of illegally entering the U.S. can take effect.

The 5th Circuit Court of Appeals on Friday vacated an earlier ruling by a three-judge panel that the law is unconstitutional, and now the full court will consider whether the law can take effect.

The Texas Legislature passed Senate Bill 4 in 2023, but a federal judge in Texas ruled the law was unconstitutional. Texas then appealed that ruling.

Under the proposed law, state law enforcement officers could arrest people suspected of entering the country illegally. Once in custody, they could agree to a Texas judge’s order to leave the country or face a misdemeanor charge for entering the U.S. illegally. Migrants who don’t leave after being ordered to do so could be arrested again and charged with a more serious felony.

Texas Gov. Greg Abbott said in a social media post on Friday that the court’s decision was a “hopeful sign.”