Fifth Circuit

TOP Ed Fund Statement on SB4 Ruling

Today, the Fifth Circuit Court of Appeals handed down a ruling that upheld certain parts of the SB4 injunction issued by Federal Judge Orlando Garcia in San Antonio, but also let other parts go into effect. The following is a statement by Michelle Tremillo, executive director of the Texas Organizing Project Education Fund:

“Our concern today remains the same that it was yesterday and every day since Gov. Greg Abbott signed SB4 into law, that our local law enforcement not engage in racial profiling and make our communities less safe by making them fearful of interacting with police.

“What we’re taking away from today’s mixed-bag decision from the Fifth Circuit Court of Appeals on our lawsuit to stop SB4, Texas’ racial profiling law, is that the court made clear that police departments can set limits on how its officers enforce immigration laws, and that jails don’t have to comply with detainers beyond what federal law requires.

“While we would have preferred that the court fully upheld the injunction imposed by the San Antonio federal court, we continue to be ready to fight on multiple fronts to completely repeal this racist law, through the courts and on the streets.

“Meanwhile, we’ll continue informing our communities of their rights, namely that if local police question their immigration status, they do not and should not answer, and that they should record all interactions with police and report any instance where they’re asked for their immigration status.

“The fight for justice has never been easy, and the road is never without obstacles, but we’re determined to keep fighting. Our cause is just and we will persevere because injustice cannot stand.”


Texas Organizing Project Education Fund organizes Black and Latino communities in Harris, Bexar and Dallas counties. For more information, visit