immigration on Texas Appeals Journalhttps://texasappeals.org/topics/immigration/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 20 Jul 2026 07:00:00 -0500Fifth Circuit Affirms Denial of Intervention in United States’ Suit Over Texas In-State Tuition Provisionshttps://texasappeals.org/2026/07/united-states-v-texas-dream-act-intervention/Mon, 20 Jul 2026 07:00:00 -0500https://texasappeals.org/2026/07/united-states-v-texas-dream-act-intervention/The court held that intervention to defend two Texas Education Code provisions was futile because 8 U.S.C. § 1623(a) preempts them as to aliens not lawfully present, and dismissed the would-be intervenors’ remaining claims for want of appellate jurisdiction. Judge Irma Carrillo Ramirez dissented.En Banc Fifth Circuit Vacates Preliminary Injunction Against Texas Senate Bill 4, Holding Plaintiffs Lack Standinghttps://texasappeals.org/2026/05/united-states-v-texas-sb-4-en-banc/Mon, 11 May 2026 07:00:00 -0500https://texasappeals.org/2026/05/united-states-v-texas-sb-4-en-banc/Sitting en banc, the court held that two legal-services nonprofits and El Paso County had not shown an Article III injury and vacated the preliminary injunction against the state immigration law. The majority stated that it did not address whether S.B. 4 is preempted by federal law.Supreme Court of Texas Holds Attorney General May Seek to File Quo Warranto Action Against Annunciation Househttps://texasappeals.org/2025/06/paxton-v-annunciation-house-quo-warranto/Mon, 16 Jun 2025 07:00:00 -0500https://texasappeals.org/2025/06/paxton-v-annunciation-house-quo-warranto/The court held that criminal acts are not categorically excluded as grounds for quo warranto, that the trial court applied the wrong standard in denying the Attorney General leave to file, and that the records-request statutes are not facially unconstitutional. The opinion states that it does not decide the merits of the harboring allegations.Supreme Court Enjoins Alien Enemies Act Removals of Detainees in Northern District of Texas and Vacates Fifth Circuit’s Dismissal of Their Appealhttps://texasappeals.org/2025/05/aarp-v-trump-alien-enemies-act-injunction/Mon, 19 May 2025 07:00:00 -0500https://texasappeals.org/2025/05/aarp-v-trump-alien-enemies-act-injunction/In a per curiam opinion, the Court held that the Fifth Circuit erred in dismissing the detainees’ appeal for lack of jurisdiction, concluded that the notice given on April 18 was inadequate, and enjoined removals under the Act pending further proceedings. The opinion states that it does not address the legality of removals under the Act.Fifth Circuit Holds DACA Final Rule Violates the Immigration and Nationality Act but Limits Relief to Texas and Leaves Forbearance Provisions Intacthttps://texasappeals.org/2025/01/texas-v-united-states-daca-rule/Mon, 20 Jan 2025 07:00:00 -0600https://texasappeals.org/2025/01/texas-v-united-states-daca-rule/The court held that Texas has standing under its earlier decision, that the 2022 DACA rule is materially identical to the 2012 memorandum and substantively violates the INA, and that the district court erred by not severing the rule’s forbearance provisions; it narrowed the injunction to Texas. The stay protecting existing recipients remains in place.Fifth Circuit Holds Texas Is Entitled to Preliminary Injunction Against Border Patrol Cutting of Concertina Wire Near Eagle Passhttps://texasappeals.org/2024/12/texas-v-dhs-eagle-pass-concertina-wire/Mon, 23 Dec 2024 07:00:00 -0600https://texasappeals.org/2024/12/texas-v-dhs-eagle-pass-concertina-wire/The court held that § 702 of the Administrative Procedure Act waives the United States’ sovereign immunity for Texas’s state-law trespass claims, that neither intergovernmental immunity nor 8 U.S.C. § 1252(f)(1) bars the suit, and that Texas satisfied the preliminary-injunction factors. It granted a modified injunction; Judge Ramirez dissented.