Hours before from going into effect, local police departments across the state were already preparing for how to deal with the Texas law 鈥� which would make crossing the Texas-Mexico border without authorization a state crime.
SB 4 allows Texas judges to deport a person in lieu of criminal proceedings and local law enforcement to ask people about their immigration status.
But the law has already led to confusion and raises questions about how SB 4 will be enforced by police. In North Texas, Fort Worth Chief of Police Neil Noakes said would not change with the passing of Senate Bill 4.
鈥淎lthough we will always follow the law, the primary responsibility for immigration enforcement and border protection should be left to our federal and state partners,鈥� he said. 鈥淚n light of the vibrant growth of our city and the diversity of our communities, our department remains unwavering in its commitment to community policing and making Fort Worth the safest city in the country for all who call this community home.鈥�
Hours later, Fort Worth police issued a follow-up statement saying the department, 鈥渨ill ALWAYS enforce the law.鈥�
The bill has sparked fears of racial profiling 鈥� specifically, concerns that it will give a license to discriminate against residents who look like they鈥檙e from Central or South America.
With a , that could impact a good portion of the state鈥檚 residents.
Brandon Rottinghaus, a political scientist at University of Houston, said the state鈥檚 demographics could make it hard to enforce.
鈥淭hat's the real kind of conundrum that law enforcement has, where they don't know how to police this precisely,鈥� he said.
During , Harris County Judge Lina Hidalgo called the bill extreme.
鈥淵ou could imagine a scenario where Lina Hidalgo 鈥� is Hispanic, looks Hispanic 鈥� goes for a run somewhere,鈥� she said. 鈥淲hat stops local police from saying, 鈥榊ou look like you might be here on an undocumented basis, let me deport you鈥�?鈥�
Although Rep. Matt Schaefer, R-Tyler, and not for enforcement further in the state, that is not how the bill is written, Rottinghaus said.
鈥淭he law is broad enough that you could do this in Amarillo or in Lufkin, and it's the availability and, really, responsibility of local governments to comply,鈥� Rottinghaus said. 鈥淎nd so that's a burden on law enforcement that a lot of law enforcement has been reluctant to take on.鈥�
In the hours between the U.S. Supreme Court allowing Senate Bill 4 to go into effect and when the federal appeals court blocked it again, the Bexar County Sheriff鈥檚 Office announced plans to create a policy outlining how officers could enforce the law.
Bexar County Sheriff Javier Salazar disagreed with the law but said his office would be prepared to handle it, if necessary, .
鈥淲e may not be allowed to tell you, 'you can't enforce a law,' right? That's not what we're saying,鈥� Salazar said. 鈥淲hat we are saying, though, is 'if you choose to do it, you're assuming some liability for yourself. You're putting this agency in a whole lot of liability鈥�.鈥�
The San Antonio Police Department had no plans to substantially change its policy but planned to comply with Senate Bill 4.
Tarrant County Sheriff Bill Waybourn said Senate Bill 4
However, he said it was unlikely it would apply to North Texas.
鈥淪B 4 is a tool for Texas law enforcement along the border to detain anyone they see crossing into the country illegally,鈥� he said in a statement. 鈥淚t is unlikely that law enforcement in North Texas will have knowledge of an individual鈥檚 illegal entry status to enforce SB 4, due to this being primarily an on-view offense.鈥�
The U.S. 5th Circuit Court of Appeals on whether Senate Bill 4 should go into effect.
It was still blocked as of Thursday.
Enforcement of SB 4 could also come down to resources, which police and sheriffs have raised concerns about since its passage. In a statement, El Paso Mayor Oscar Leeser said the legal battle itself "exemplifies the complexities of this issue."
"While the City of El Paso will always follow state law, it is no secret that our Police Department is short staffed," Leeser said. "Our law enforcement responses are always priority-driven, and our number one priority has and will continue to be public health and safety, not enforcing immigration law.鈥�
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