Thursday, August 31, 2017

Deep in the Heart of Texas: Federal Court Enjoins Implementation of Core Provisions of Texas Anti-Sanctuary Law


Breaking news!  Federal district judge Orlando Garcia entered a preliminary injunction enjoining the implementation of major provisions of Texas SB4, a controversial state-based immigration enforcement law.  The injunction was entered just days before the law was scheduled to go into effect.

Senate Bill 4 was one of Texas Governor Greg Abbott’s key legislative priorities and seeks to outlaw “sanctuary” entities, the common term for governments that don’t enforce the federal immigration laws as the U.S. government claims should be the case. 

SB 4 allows local law enforcement officers to question the immigration status of people they detain or arrest and seeks to punish local government department heads and elected officials who don’t cooperate with federal immigration "detainers" — requests by agents to turn over immigrants subject to possible deportation. Punishment could come in the form of jail time and penalties that exceed $25,000.

Judge Garcia halted the part of the bill that required jail officials to honor all detainers, and another that prohibits “a pattern or practice that 'materially limits' the enforcement of immigration laws.”

Here is the court's ruling in the case.   Download SB4 prelimnary injunction OLG 083017


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