5th Cir.

United States of America Plaintiff— v. State of Texas; Greg Abbott

April 24, 2026 ·24-50149 ·Panel Decision ·Jerry E. Smith · By Aisha Johnson

The Fifth Circuit vacated a preliminary injunction against Texas's Senate Bill 4, ruling that the plaintiffs lacked standing to challenge the law.

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Background

Texas enacted Senate Bill 4 in response to illegal immigration, leading to a lawsuit from advocacy organizations and a county challenging its legality.

The court’s reasoning

The court found that the plaintiffs did not suffer a cognizable injury necessary for standing, as the law applies only to aliens illegally present in Texas.

Courts sometimes make standing law more complicated than it needs to be.

Bost v. Ill. State Bd. of Elections, 146 S. Ct. 513, 523 (2026)

What it means going forward

The ruling allows Texas to enforce Senate Bill 4 without the constraints of the preliminary injunction.

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