On Monday, a San Antonio in what could be a lengthy legal battle over Senate Bill 4, also known as the 鈥渟anctuary cities鈥� law.
SB 4 would effectively make it a crime for local officials to refuse to comply with lawful immigration detention orders from the federal government. SB 4 also includes a so-called 鈥渟how me your papers鈥� provision, which would permit local law enforcement agents in Texas to ask about the immigration status of people they stop or detain.Opponents of the measure include the cities of Houston, Austin, San Antonio and El Cenizo, as well as Maverick and El Paso counties. They argue that the law unfairly targets certain communities and thus violates the Equation Protection Clause of the U.S. Constitution.
Law enforcement officers worry that witnesses or victims of crime won鈥檛 come forward because they fear they will be asked about their immigration status.
鈥淧roponents of the law suggest that the courts aren't the proper place to decide the policy, that it should be hashed out in the Legislature,鈥� says , a professor of political science at the University of Houston. 鈥淭hey also suggest that these issues have been settled in the past.鈥�
Rottinghaus says the U.S. Supreme Court ruled in 2012 that a similar 鈥渟how me your papers鈥� law in Arizona was constitutional.
鈥淏ut the court did leave some of these questions open, about whether or not this led to racial profiling, and that could be subject to further review,鈥� he says.
Opponents of SB 4 also argue that the law is vague, in that it doesn鈥檛 give guidance to law enforcement officers and the punishment for violating it is unclear.
They are seeking a temporary injunction of the law, which is scheduled to go into effect Sept. 1.
鈥淢y guess is that [the judge will] find an injunction because on its face, there are concerns about the constitutionality of the issue,鈥� Rottinghaus says.
On Thursday, lawyers representing the Texas attorney general鈥檚 office argued in an Austin courtroom that the case against SB 4 should be filed and settled in Austin rather than San Antonio.
The attorney general鈥檚 office sued Travis County and Austin officials in May after Gov. Greg Abbott signed SB 4 into law, seeking a ruling that the bill is constitutional.
U.S. District Judge Sam Sparks as to when he might make a decision, and instead suggested that U.S. District Judge Orlando Garcia in San Antonio had a lighter docket.
Rottinghaus says Sparks is 鈥渁ggressively skeptical鈥� of both sides.
The sanctuary cities issue does not just pertain to Texas, however, as evidenced this week when Republicans in the U.S. House that would stiffen federal immigration enforcement.
The first, 鈥淜ate鈥檚 Law,鈥� is named for a young woman who was murdered by an unauthorized immigrant who had been previously deported. It would increase prison sentences for unauthorized immigrants who enter the country without authorization after deportation.
鈥淭hat obviously strikes an emotional cord with a lot of people, and Republicans have been playing the law and order card to some success,鈥� Rottinghaus says.
The 鈥淣o Sanctuary for Criminals Act鈥� would deny federal funds to localities that do not comply with federal immigration enforcement.
鈥淭his is another effort on behalf of the Republicans to prime the pump on what is a major flashpoint for their base, and that is illegal immigration,鈥� Rottinghaus says. 鈥淭hey鈥檙e going to get pushback from the Democrats. I think that this is going to have trouble getting traction in the Senate and Democrats know their base is riled up about these immigration issues, both all across the country but especially here in Texas.鈥�
Written by Molly Smith.
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