“We live in a city that depends on the Hays County Jail,” Councilwoman Lisa Prewitt said. “So, really, I feel that we are directly affected by that as well…”
The San Marcos City Council held a special meeting, this morning, to vote on filing an amicus curiae brief in “opposition of Senate Bill 4.”
Last week, the San Marcos City Council released a statement regarding their position on SB 4, the immigration enforcement law, which was signed by Gov. Abbott on May 7. The bill will go into effect on Sept. 1.
At 8 a.m. Tuesday, Aug. 22, city council returned to the dais. While city council member Scott Gregson is on vacation, he made an appearance via video conference call to participate in discussion and the vote.
In a vote of 7-0, council decided to join the lawsuit by filing an amicus curiae brief. However, city council acknowledged the brief may not be filed before U.S. District Court Judge Orlando Garcia before there is a ruling.
According to Michael Cosentino, San Marcos City Attorney, it could take up to seven days for the brief to be filed once submitted to Judge Garcia. Cosentino said the briefs urge the court to issue a preliminary injunction, which would go into effect immediately statewide.
An amicus curiae brief is when a person or group, who is not a party to an action but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court’s decision.
Cosentino also said Judge Garcia is expected to make a decision on the case on or before Sept. 1.
“Our police department has made some decisions and determinations about its priorities for law enforcement,” Cosentino said. “And it decided not to participate voluntarily with a memorandum of understanding with ICE for enforcement.”
During the discussion, council members referenced two briefs, which were provided to them over the weekend.
Council woman Jane Hughson said she agreed with the briefs provided to the council in that safety was her biggest concern for the community.
“I agree with Council member Hughson; we live in a city that depends upon the Hays County Jail,” Councilwoman Lisa Prewitt said. “So, really, I feel that we are directly affected by that as well. Maybe not this particular body in making that judgment call for the jurisdiction that we do rule over. But we are all about part of hays county and it will affect all of our citizens.”
The city attorney’s office will prepare the brief, which will incorporate the concerns addressed in City Council’s official statement presented last Tuesday, Aug. 15, and submit it to the court.
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