Federal Judge Blocks SB 4, Texas' Controversial Immigration Enforcement Law

AUSTIN, TX — A federal district judge Wednesday night blocked a controversial state immigration enforcement law dubbed Senate Bill 4 that was due to take effect Sept. 1.

U.S. District Judge Orlando Garcia granted a preliminary injunction against portions of SB 4, delivering a blow to Gov. Greg Abbott who aggressively championed for its passage. The law has been widely decried by critics as unconstitutional given its various provisions, including the issuance of fines of up to $25,000 or jail local law enforcement officials deemed too soft on helping federal officials round up undocumented residents by keeping them on so-called "detainers," to give Immigration and Customs Enforcement (ICE) agents enough time to fetch them for deportation.

Such detainer provisions, the judge said, would violate the Fourth Amendment.

Watch: Judge Pauses Sanctuary City Crackdown In Texas

But the decision wasn't a total victory for those opposing the law, which are legion. The judge let stand the portion of the law that would allow police to ask about people's citizenship status even during routine traffic stops. Arguably, that's the most controversial portion of the law for its opponents, who have dubbed it the "papers, please" law.

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Because the inquiry into status isn’t a prolonged detention, it wasn’t enjoined, the judge ruled. But the judge said cops making such inquiries would be limited as what they can do with that information.

“If during a lawful detention or arrest an officer obtains information that a detained or arrested individual is undocumented he may not arrest the individual on this basis,” the judge wrote. Officers would not be required to ask the question as Abbott envisions. But the judge said if officers feels like they should do so, they can only share the information.

“In sum, SB 4 gives local officers discretion to inquire and share information, but it does not provide them with discretion to act upon the information that they may obtain,” the judge wrote in a footnote to his 94-page ruling.

Opponents of the law were numerous, including the cities of Austin, El Cenizo, Houston and San Antonio. Venerable organizations that include the Mexican American Legal Defense and Educational Fund also opposed SB 4.

The upshot: The law is not on hold, and won't be taking effect on Sept. 1 as Abbott had hoped. In response, the governor vowed to file an immediate appeal to the judge's decision.

“Today’s decision makes Texas’ communities less safe,” he said in a prepared statement. “Because of this ruling, gang members and dangerous criminals, like those who have been released by the Travis County Sheriff, will be set free to prey upon our communities. U.S. Supreme Court precedent for laws similar to Texas’ law are firmly on our side. This decision will be appealed immediately and I am confident Texas' law will be found constitutional and ultimately be upheld.”

Texas Attorney General Ken Paxton also weighed in on Wednesday, also vowing "...to defend the Constitutionality of Senate Bill 4," he said in a prepared statement.

“Senate Bill 4 was passed by the Texas Legislature to set a statewide policy of cooperation with federal immigration authorities enforcing our nation’s immigration laws,” Paxton said. “Texas has the sovereign authority and responsibility to protect the safety and welfare of its citizens. We’re confident SB 4 will ultimately be upheld as constitutional and lawful.”

For good measure, Paxton also opposes the federal court in San Antonio as an appropriate venue in which to hear the case. He's asked to have the lawsuits against SB 4 consolidated and moved from U.S. District Judge Orlando Garcia’s court in San Antonio to Austin, “where the people’s representatives passed SB 4,” he said. “State business is conducted in Austin. The plaintiffs have no reason to litigate this case in San Antonio.”

Conversely, opponents of SB 4 applauded the judge's decision.

Austin Mayor Steve Adler—who espouses the benefits of cultural diversity and can often be seen attending pro-immigrant rallies in the capital city—cited the aftermath of Hurricane Harvey as a dramatic ideal of law enforcement interaction with members of the public.

"This ruling is good for Austin because SB 4 if ever implemented would make Austin less safe," Adler said. "This week’s crisis with Hurricane Harvey is just the most recent example why people need to feel safe approaching our local police and support groups, no matter what. If people in Austin do not feel safe asking for help, they become more vulnerable to crime, not just natural disasters.”

Travis County Sheriff Sally Hernadez also voiced satisfaction at the ruling.

“I am pleased by the court’s ruling today," Hernandez said. "I believe that local communities are stronger and safer when justice and security are a reality, not for some, but for all. I look forward to the ultimate resolution.”

Hernandez was an unwitting muse fueling Abbott's resolve in getting SB 4 passed and in informing its crafting. The governor has often angrily accused Hernandez of being soft in having her deputies arrest undocumented residents (unlike her predecessor Greg Hamilton, who was an enthusiastic partner with ICE).

Hernandez won office handily, largely on a campaign promise to exercise a more nuanced approach to arrests and the honoring of ICE "detainers," placing a priority on undocumented felons with provable criminal records for apprehension rather than misdemeanants. Abbott prefers a more aggressive approach in ensnaring every undocumented person in the city and readying them for deportation.

State Rep. Eddie Rodriguez said the ruling validates the perceived unconstitutionality of the law.

“Today’s ruling means that the onerous provisions of SB 4 are likely unconstitutional and will not take effect on Friday," Rodriguez said. "The law is effectively dead until the court rules otherwise. Next, the court will rule on SB 4’s constitutionality. There are serious problems with the law as MALC argued during the 85th Legislative Session. We are encouraged by today’s ruling and look forward to our day in court."

Travis County Judge Sarah Eckhardt also praised the judge's decision: “The events of the last week have only confirmed that we need to view our fellow Texans as people, not as threats or political pawns," she said, referencing the devastation of Hurricane Harvey. Judge Garcia correctly realized that SB 4 is an unconstitutional ‘solution’ in search of a problem that would ultimately make Travis County and all of Texas *less* safe. Hopefully this is the first step in consigning SB 4 to the dustbin of history.”

Jose P. Garza, executive director of the Workers Defense Project, was similarly gratified: "Today, Texas families won the first of many battles against Gov. Abbott and his racist agenda,” he said. “Texas families are fighting for the Texas that we can be. We will continue to fight back in court, in the streets, and in our communities.”

Austin City Council member Greg Casar, arguably the most vocal defender of the city's immigrant community, was cautiously celebratory while noting the battle against the controversial law was far from over.

“Thanks to this federal court ruling, the State of Texas' discriminatory law has been stopped in its tracks," Casar said. "I'm grateful for Judge Garcia's fair and just ruling, but most of all, I'm thankful for everyone who has fought Senate Bill 4 every step of the way."

But the fight continues, he added: "The battle is far from over," Casar cautioned. "Greg Abbott and Ken Paxton will likely try to appeal today's ruling. We know we have a long way to go to protect everyone’s rights from the constant attacks by the Trump and Abbott administrations."

Other prominent opponents of the law expressed their satisfaction at the judge's ruling:

• Sen. José Menéndez: "I want to thank Judge Orlando Garcia for this very thoughtful and fair decision. Although his rationale for blocking SB4 preceded Hurricane Harvey, it may very well save the lives of those who fear seeking shelter from the storm as water engulfs hundreds of neighborhoods in our state. Hopefully, this ruling will also help fellow Texans who are counting on the kindness of strangers through this difficult time to realize that fear and prejudice only make our nation a more dangerous place."

• Efrén C. Olivares, Racial & Economic Justice Program Director with the Texas Civil Rights Project: “Today, Judge Orlando Garcia confirmed what we’ve known to be true all along: SB4 is unconstitutional, threatens public safety, and encourages racial profiling against Texans. We are proud to represent the Texas Organizing Project Education Fund and MOVE San Antonio in our litigation to stop this discriminatory law.” “The Judge’s decision means that most of SB4 will not go into effect on Friday, September 1st, but the fight is not over yet. We fully expect state officials to appeal the ruling, and we are ready to go as far as necessary to ensure SB4 never has the chance to devastate our communities. “We don’t have to look far to see the real-life effects of this anti-immigrant laws. Instead of focusing on their safety, hundreds of thousands of immigrants and their families in Houston’s rising flood waters worried about facing deportation. Thanks to the efforts of Houston officials and the police department, the fears were quickly addressed. But this should never happen in the first place. We will celebrate this community victory and continue to fight back against all attempts to target immigrant communities in Texas.”
• H. Drew Galloway, Executive Director of MOVE San Antonio: "Months ago, we stood with students and young people across Texas against this discriminatory legislation. Tonight, we won the first battle to keep our friends and classmates safe from SB4. We will continue fighting for undocumented, DACA, and immigrant young people as long it takes."
• Michelle Tremillo, Executive Director of the Texas Organizing Project Education Fund: “We are so grateful to have courts who protect our rights and freedoms, and keep overzealous legislators in check. SB4 would have encouraged and legalized racial profiling of Latinos and other communities of color." “This decision today feels like a ray of sunshine, and Texans, especially undocumented Texans, deserve a reprieve in what has been a steady assault of their families." “We recognize this is just the first step in what we expect to be a protracted legal battle. Today, we will take a deep sigh of relief, and tomorrow we will keep fighting to stop SB4 in the courts and win proactive solutions that protect the freedom and dignity of undocumented families and all people of color.”

To read the order, click here:

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