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

AUSTIN, TX — In a preemptive strike against likely legal challenges to the newly passed sanctuary cities law, the state's attorney general filed a lawsuit on Monday seeking to "uphold the constitutionality" of the bill signed into law on Sunday evening.

Through the unlikely portal of Facebook Live, Gov. Greg Abbott broadcast himself signing Senate Bill 4 into law, banning what he views as so-called sanctuary jurisdictions not fully cooperating with U.S. Immigration and Customs Enforcement (ICE) agents in deporting undocumented residents. Some law enforcement officials, including Travis County Sheriff Sally Hernandez, had opted for a more nuanced approach toward determining deportations that focused on targeting felons rather than a wholesale roundup.

But the new law forces full cooperation with ICE agents seeking "detainers," 48-hour holds on people detained at their behest to allow them time to arrive to collect detainees and begin deportation proceedings. The law provides for jail time and fines of up to $25,000 per day for law enforcement officials deemed non-compliant with the new law set to take effect Sept. 1.

“SB 4 is constitutional, lawful and a vital step in securing our borders,” Attorney General Ken Paxton said in a prepared statement explaining why he filed the lawsuit, in which Austin, Travis County and the county's sheriff, Sally Hernandez, are named as defendants. “SB 4 guarantees cooperation among federal, state and local law enforcement to protect Texans. Unfortunately, some municipalities and law enforcement agencies are unwilling to cooperate with the federal government and claim that SB 4 is unconstitutional.”

The lawsuit took some observers by surprise given the speed of its filing a mere day after Abbott signed SB4 into law. But the nature of its filing predicated on state sovereignty came as no surprise from a gubernatorial administration given to such tactics and whose members take pride in the Lone Star State image styled as that of self-reliance and inferred autonomy to the federal government.

See related story: Texas Governor Signs Far-Reaching Anti-Immigration Law On Facebook Live

“Texas possesses an independent sovereign responsibility to protect the health, welfare, and safety of its residents,” Paxton wrote. “Texas, cognizant of this duty, recently enacted SB 4 to set a state-wide policy of cooperation with federal immigration authorities.”

Paxton cited the federal Declaratory Judgment Act in his explanation as to why he filed the lawsuit, saying Texas "...may bring a lawsuit to avoid a multiplicity of suits in various forums so that the constitutionality of SB 4 may be resolved throughout Texas in a single court." Paxton said his lawsuit's validity is predicated on safeguards outlined in the Fourth and Fourteenth amendments to the U.S. Constitution.

“Governments throughout Texas have a clear duty to continue holding undocumented and suspected criminal aliens pursuant to ICE detainers,” Paxton said. “This is a public safety issue that requires swift resolution. If a Texas sheriff or other law enforcement authority cannot lawfully honor an ICE detainer, dangerous people will slip through the cracks of the justice system and back into our communities. As a nation of laws, it is imperative that SB 4 is fully honored in Texas.”

A copy of the state's preemptive lawsuit in full can be viewed here.

But if the lawsuit bearing the imprimatur of the state of Texas was meant to discourage SB4 opponents from legally challenging the measure, it appears to have backfired. Those opposing the law were emboldened by the move, voicing support for airing legal challenges to the measure in a forum apart from partisan politics such as the state Capitol where the GOP ironclad majority passed it through to Abbott's desk for signature.

Austin Mayor Steve Adler is among those SB4 opponents: "For five months, we've been on the sidelines while the legislature has treated Austin's safety like a political football" he said in a statement. "I'm glad the action is moving to court where it's not about politics, it's about the law. A judge will decide whether the United States of America or Texas determines federal immigration policy and whether local police and prosecutors have the discretion to keep their communities safe. I was elected by the people of Austin, and I will continue to speak on their behalf."

Austin City Council member Greg Casar also was undeterred by Paxton's lawsuit. Casar has emerged as the most vocal opponent to the new law, previously arrested during as sit-in protest in front of the governor's office as SB4 was being debated in the Legislature prior to its passage.

“Yesterday evening, the governor tried to hide from public accountability by signing this discriminatory bill on a Sunday night in his office," Casar said, referring to Abbott's signing broadcast of Facebook Live. "Then, the Texas attorney general sued me and my colleagues for questioning the constitutionality of this immoral and unethical law. Texas’ top leaders are trying to coerce local elected officials into betraying our immigrant communities. They cannot crush our solidarity or our Constitution."

Casar said federal judges have found Texas at fault for passing intentionally discriminatory laws such as the Texas Voter ID measure found to have been purposefully crafted to exclude minorities from voter participation. Casar attributed such laws to the rise of the Tea Party in Texas beginning in 2010, and labeled SB4 as "...another such racist and unconstitutional mandate."

A fierce and vocal opponent of SB4, Casar seemed especially emboldened even in the wake of its passage.

"Last week’s action at the governor’s office and the immediate response after Abbott’s cowardly bill-signing are proof that many of us across Texas are drawing a line in the sand," the councilman said. "Despite the overwhelming odds stacked against us, communities are refusing to back down. Instead of complying with the Governor’s mandates, we will double down on our pro-immigrant policies. Instead of being silenced by the Attorney General’s threats, we will rise up and speak truth to power."

For her part, Travis County Judge Ekhardt issued a prepared statement that— while expressing concern over the tacit demand for compliance even before the law takes effect—welcomed airing the matter in a court of law.

"Travis County is a safe and law-abiding community," the judge wrote. "I am gravely concerned by Attorney General Paxton’s demand that we abide by a law that is not yet in effect and that we believe poses a serious threat to the constitutional rights and obligations of individuals and their government. Travis County therefore welcomes Paxton’s rush to the federal court where these constitutional questions can be answered through a reasoned examination of facts and law. Our job is to defend the interests and values of the people of Travis County."

It's increasingly looking like a courtroom showdown is in the offing, and the battle lines have already been drawn: "The fight against Senate Bill 4 is just beginning,” Casar said.

>>> Image via Shutterstock

Photo of Paxton via State of Texas, photos of Adler and Casar via City of Austin