Federal Appeals court upholds Texas law making it a state crime for illegal alien to be in state | Eastern NC Now

allows state court judges to order deportation

ENCNow

The US Circuit Court of Appeals for the 5th Circuit has upheld a Texas state law that makes it a state crime for an illegal alien to be in the state.  The law also allows state court judges to order deportation.

The law was adopted in 2024, and the Biden Justice Department and several pro-migrant NGOs filed shit to block it.  The Trump administration withdrew the federal government as a party to the case.  The case was heard en banc meaning that all 17 of the Court's judges participated instead of the usual panel of 3 judges.  The circuit judges voted 10 to 7 to uphold the Texas law.

https://redstate.com/wardclark/2026/04/25/texas-scores-third-border-security-victory-in-new-fifth-circuit-decision-n2201673

https://www.zerohedge.com/political/federal-appeals-court-allows-texas-enforce-state-immigration-law

Several southern states have since followed Texas' lead in making illegal immigration a state crime.  The comparable state law in Florida was overturned in federal district court by an Obama judge, but that is now on appeal to the Circuit Court of Appeals.


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