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Ciara O'Rourke
By Ciara O'Rourke June 3, 2024

No, the U.S. Supreme Court didn’t rule on a Texas immigration law’s constitutionality

If Your Time is short

  • Litigation continues for Senate Bill 4, a Texas law that would let state police arrest immigrants suspected of entering the United States illegally. 

  • The Biden administration sued Texas, saying the law is unconstitutional, and in March, the U.S. Supreme Court ruled that the law could take effect while the case plays out. But an appeals court reversed that decision hours later.

The Supreme Court’s 2024 term will end this summer but a screenshot of an X post about the justices’ ruling on a contentious Texas law takes old court orders out of context. 

"Just announced," a May 28 X post said. "The Supreme Court ruled today that Texas SB-4 law is constitutional which grants Txs the right to detain, arrest, and expel anyone crossing the Texas border illegally Big round of applause folks The majority on the Scotus acting like one. … (6-3)."

A May 28 Instagram post sharing the screenshot was flagged as part of Meta’s efforts to combat false news and misinformation on its News Feed. (Read more about our partnership with Meta, which owns Facebook and Instagram.)

"SB-4" refers to Senate Bill 4, a Texas law that would let state police arrest immigrants suspected of entering the United States illegally. 

Featured Fact-check

The Biden administration sued Texas to stop the law on grounds it's unconstitutional because it interferes with federal immigration laws. 

On March 19, the U.S. Supreme Court allowed the law to take effect and returned the case to the 5th Circuit Court of Appeals to decide whether the law should be paused as litigation continues. Six justices supported the decision while the court’s three liberal members dissented.

But later that night, the appeals court put the law back on ice while a panel of judges considers its constitutionality. 

We rate claims the U.S. Supreme Court just announced the law is constitutional False.

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More by Ciara O'Rourke

No, the U.S. Supreme Court didn’t rule on a Texas immigration law’s constitutionality

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