The Fifth Circuit Court of Appeals has allowed Texas's SB4 immigration law to remain in effect.
Posted by The Benny Show, Checked
- Sources
- 4 support1 context
- Said
- 1 time·
- Confidence
- 85%
The Benny ShowOct 28, 2026
On 2026-04-24 the full Fifth Circuit voted 10-7 to vacate the injunction against SB4 on standing grounds, as reported by Reuters and AP, so the law was in effect when the claim was made on 2026-10-28. A Nov.
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What was said
… So we can never been more jealous as a guy living in Florida. I'm like, Well, hold on, hold on. Every law enforcement officer in the state is fully empowered to arrest and to detain any illegal immigrant and to deport them. And to get this, so it's currently been through the legal cycle, and the Fifth Circuit has allowed to allow it to remain in effect right now. So what do you think's gonna happen there? Your papers with you? Okay, so I'm out of here. We're leaving early, actually. Yeah, sorry, I didn't bring my papers. …
The Benny Show · · from the transcriptPost →What we found
Supports. Reuters reports that the Fifth Circuit voted 10-7 to rescind the injunction that had halted SB4, enabling Texas to enforce the law.[1]
Supports. AP reports that the Fifth Circuit lifted the preliminary injunction, so the 2023 law can go into effect, based on plaintiffs lacking standing.[2]
Supports. The ACLU of Texas confirms the full Fifth Circuit reversed the panel ruling that had affirmed the injunction against SB4, without ruling on constitutionality.[4]
Supports. The Texas Attorney General's May 2026 release states that SB4's prohibitions on illegal entry remain fully in effect, consistent with the law being operative after the April ruling.[3]
Context. A CNN report dated 2026-11-01 says a Fifth Circuit panel later voted 2-1 to put the law back on hold, after it had been in effect. This postdates the claim and does not make it false as of 2026-10-28.[5]
Sources
5 sources: 2 fact-checkers, 1 primary, 2 not rated
- 1US appeals court allows Texas to enforce migrant arrest lawreuters.com · fact-checker · cited for: supports
- 2Texas police can arrest people suspected of entering country ...apnews.com · fact-checker · cited for: supports
- 3Attorney General Ken Paxton Files Appeal to Ensure SB 4 is Fully ...texasattorneygeneral.gov · primary source · cited for: supports
- 4Fifth Circuit Rules Challenge to Extreme Texas Immigration ...aclutx.org · not rated · cited for: supports
- 5Appeals court puts controversial Texas immigration law back on holdkrgv.com · not rated · cited for: context
Where this claim was made
Said in 1 published post