U.S. Court Of Appeals Allows Texas To Enforce SB 4

According to the Texas Tribune, in August 2017, U.S. District Judge Orlando Garcia issued a preliminary injunction and halted the portion of the bill requiring jail officials to honor all detainers and…

By, Staff

On Tuesday, the U.S. Court of Appeals for the 5th Circuit issued a ruling regarding Texas’s Senate Bill 4, which was signed into law by Governor Greg Abbott on May 7, 2017.

The ruling will allow the state of Texas to continue enforcing SB 4, which requires local and university law enforcement to abide by the U.S. Immigration Law.

However, the court did rule that prohibiting local elected officials from “endorsing” sanctuary cities policies was likely unconstitutional.

Identified as an “anti-sanctuary cities” law, many have spoken out against it including U.S. Representatives, members of the clergy, businesses and members of the community.

Several local government agencies and local and national organizations filed a lawsuit against the state, including San Antonio, Dallas, Houston and Travis County to fight SB 4.

Read an official copy of the Enrolled¹ SB4 HERE.

According to a bill analysis report by the Texas House Research Organization (HRO), SB 4 “would prohibit local government entities and campus police from adopting certain types of policies, patterns or practices that prohibit the enforcement of state or federal immigration law.”

The original complaint was filed with The U.S. District Court in San Antonio on May 8 by the League of United Latin American Citizens (LULAC); City of El Cenizo, Texas; City of El Cenizo Mayor, Raul L. Reyes; Maverick County Sheriff, Tom Schmerber, and Maverick County Constable Pct. 3-1, Mario A. Hernandez. Read the original complaint HERE.

According to the plaintiff’s case, Immigration and Customs Enforcement detainer requests are supposed to be voluntary and limit when local law enforcement may give ICE advanced notice of a person’s release from a local jail.

“I’m pleased the 5th Circuit recognized that Senate Bill 4 is lawful, constitutional and protects the safety of law enforcement officers and all Texans,” Attorney General Paxton said. “Enforcing immigration law prevents the release of individuals from custody who have been charged with serious crimes. Dangerous criminals shouldn’t be allowed back into our communities to possibly commit more crimes.”

According to the Texas Tribune, in August 2017, U.S. District Judge Orlando Garcia issued a preliminary injunction and halted the portion of the bill requiring jail officials to honor all detainers and another portion “that prohibits a pattern or practice that materially limits the enforcement of immigration laws.”

Mano Amiga, a local activist group, released a statement regarding the ruling.

“The latest ruling underscores why local officials — on county and city levels — must act immediately to end the arrest-to-deportation pipeline that we’ve tragically come to know firsthand in recent months,” Karen Muñoz of Mano Amiga said. “San Marcos City Council and Hays County Commissioners Court must urgently enact policy that stops discretionary arrests. Sheriff Cutler and Chief Stapp tell us to just trust police, despite zealous implementation of the nation’s most racist immigration law. City Council and Commissioners Court are in a position to ensure that longstanding Hays County community members — people like Victor Avendano and Martin Guerrero — are no longer traumatically ripped from their families due to minor traffic infractions. Under SB4, local law enforcement has come to terrorize our community — literally making us all less safe.”

The legal battle over the controversial legislation isn’t over yet. The court has not made a final decision in the case.

Related Coverage:

• City Council Schedules Special Meeting, Returns To Amicus Brief Issue
• City Council Releases Statement Regarding SB 4
• Will The San Marcos City Council Take An Official Stand On SB4 Tonight? If So, What Will It Mean For You?