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San Marcos files amicus brief against SB4

Good for them.

The city of San Marcos filed a legal brief Thursday supporting Austin, San Antonio and other cities that have filed suit against the state for its new law on immigration enforcement.

In the 16-page brief, city attorney Michael Cosentino argued that under Senate Bill 4, fear of immigration enforcement will lead people to avoid calling police, reporting crimes or coming forward as witnesses — in turn, making the city less safe.

[…]

City Council unanimously voted Tuesday to file the brief during a special meeting called a week after the council decided against joining the lawsuit as a party. Community groups and other residents had for months put pressure on the council to take a public stand.

“Hundreds of local residents have attended public meetings of the City Council and expressed their fears and concerns about the potential impact of SB 4,” Cosentino wrote in the amicus brief. “Despite the San Marcos Police Department’s ongoing efforts to calm the fears of the community, there are many who still believe that they, their family members, or friends will be stopped, questioned, detailed, or deported if SB 4 becomes law.”

The San Marcos Police Department’s current policy — to ask about immigration status only when someone has been arrested for involvement in a violent crime — will not be enforceable under SB 4, Cosentino wrote. The law will prevent departments from setting a policy limiting when immigration questions may be asked.

Cosentino suggested that the issue is especially of concern to residents of San Marcos, almost 40 percent of whom are Hispanic or Latino, according to U.S. Census data, as well as students of its school district and San Marcos-based Texas State University, both of which are majority Hispanic.

See here for the background. Harris County Attorney Vince Ryan also filed an amicus brief after Commissioners Court declined to get involved. San Marcos is the first city in a county that went for both Greg Abbott in 2014 and Donald Trump (barely) in 2016 to get involved. We’re less than a week out from the implementation date for SB4, and with the redistricting lawsuit off the docket for now for Judge Garcia, hopefully we can get a ruling soon.

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