A three-judge panel of the 5th Circuit Court of Appeals stayed lower court injunctions that had partially blocked implementation of a Texas anti-sanctuary law. A District Court will now consider the merits of the case although opponents are still free to challenge the manner in which Texas implements the law.
The Texas anti-sanctuary law (SB 4) requires jail officials to honor all requests by Immigration and Customs Enforcement (ICE) to hold illegal aliens for pickup and deportation; imposes civil and criminal penalties on officials who refuse detainers; allows police officers to question the immigration status of people they detain or arrest; and prohibits policies that 'materially limit' the enforcement of immigration laws.
After enactment, several Texas cities and counties sued seeking to enjoin and overturn provisions of the law. In August of 2017, U.S. District Judge Orlando Garcia enjoined provisions on honoring detainers and materially limiting enforcement, but allowed officers to question immigration status. In September a separate panel of judges for the 5th Circuit narrowed Garcia’s injunction on detainers and ruled that officers cannot be blocked from assisting ICE.
In their decision Tuesday, the judges vacated most of Garcia’s injunctions and sent the case back to his court. The one injunction upheld concerned a provision that penalizes local officials for “adopting, enforcing or endorsing” policies that prohibit or limit immigration-law enforcement. However, the judges retained that injunction only as it applies to the word “endorse.”
Texas Attorney General Paxton said in a statement, “I’m pleased the 5th Circuit recognized that Senate Bill 4 is lawful, constitutional and protects the safety of law enforcement officers and all Texans. Enforcing immigration law prevents the release of individuals from custody who have been charged with serious crimes. Dangerous criminals shouldn’t be allowed back into our communities to possibly commit more crimes.”
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