Federal Judge Throws Out Texas AG's Preemptive Senate Bill 4 Lawsuit

AUSTIN, TX — It was an odd lawsuit to begin with: Litigation filed as something of a preemptive strike against cities that might think about challenging the state's measure against so-called "sanctuaries cities," but before the new law even takes effect.

On Wednesday, a federal judge agreed, dismissing Texas Attorney General Ken Paxton's lawsuit aimed mainly at Austin and Travis County shortly after Gov. Greg Abbott signed the bill into law. There's just one slight hitch: The law, Senate Bill 4, isn't due to take effect until Sept. 1.

“The state’s own argument underscores its deficiencies,” federal judge Sam Sparks wrote in his ruling. “Because SB 4 does not take effect until September 1, 2017, it is impossible for Defendants to take any action that would violate the not-yet-effective law. The mere fact that a municipal policy was instituted before a law was signed, or that it remains in place prior to the law taking effect, does not equate to a violation of the law.”

Championed by Abbott, SB 4 seeks to punish municipalities perceived to not be fully cooperative with federal immigration officials in weeding out undocumented immigrants. The law will allow police to inquire about people's citizenship status even the most benign traffic stop, and includes a schedule of fines — and even jail time — for sheriffs and police chiefs throughout the state seen as not fully adherent with following federal immigration laws.

Police chiefs throughout Texas — including Austin Police Department Chief Brian Manley and his predecessor, Art Acevedo who now leads the police force in Houston — have spoken out against the measure, citing its likely corrosive effects on community policing reliant on community trust. Anecdotal evidence abounds since the heightened anti-immigrant sentiment that victims have resisted reporting crimes (including sexual assault) for fear of having their undocumented status discovered.

Filed in May, Paxton's litigation sought to prevent cities from challenging what he and Abbott view as the law's constitutionality — again, well before the law took effect, filed before anyone even had a chance to mount legal challenges. Despite his Quixotic mission to prevent challenges, several cities and immigrant advocacy organizations have already launched legal challenges to the upcoming law. There's a pending lawsuit filed by the City of San Antonio, for instance.

In a prepared statement, Paxton expressed his disappointment in the judge's ruling even while vowing to continue safeguarding the new law.

“We were first to file a lawsuit concerning SB 4, filed this case in the only proper court, and moved quickly to consolidate other lawsuits against SB 4 in Austin,” Paxton said. “The health, safety, and welfare of Texans is not negotiable. We’re disappointed with the court’s ruling and look forward to pressing our winning arguments in the San Antonio cases and beyond (if necessary) on this undoubtedly constitutional law.”

To see the full ruling, click here.

Related stories:

Texas Attorney General Files Suit To Deter Sanctuary Cities Law Legal Challenges

Texas Governor Signs Far-Reaching Anti-Immigration Law On Facebook Live

Texas Civil Rights Project Sues To Prevent Anti-Immigrant SB4 From Taking Effect

City, State Officials Throughout Texas Band Together To Challenge Senate Bill 4

Hundreds In Austin Cram Hearing On Proposed Senate Bill 4 Seeking To Ban 'Sanctuary Cities'

ACLU Issues Travel Advisory Against Texas In Wake Of Anti-Immigrant Law Passage

Mass Protest Planned At Texas Capitol In Wake Of 'Sanctuary Cities' Ban

>>> Image via Shutterstock