As of Tuesday, a new controversial Texas immigration law will continue to be blocked after a decision by the courts.

In a 2-1 vote, the 5th US Circuit Court of Appeals made their decisions based on a larger question: does this law violate the US Constitution?

Known as SB 4, this recently introduced measure allows law enforcement to arrest and prosecute individuals suspected of crossing the US-Mexican border illegally.

One of the reasons why this law is so controversial is because the US courts have previously ruled that only the federal government can impose the country’s immigration laws, and not the states.

“SB 4 directly challenges the federal government’s long-held power to control immigration, naturalization, and removal,” said US District Judge David Alan Ezra.

Signed into law by Republican Governor Greg Abbott in December 2023, SB 4 includes punishments ranging from misdemeanors to felonies—even potential imprisonment. In addition, those who illegally re-enter Texas after having been deported could be imprisoned for up to 20 years. 

In terms of the law coming into effect, Texas attorneys can challenge the court ruling but have not indicted if they will do so.