A panel of three U.S. 5th Circuit Court of Appeals judges ruled Tuesday that most of the state’s immigration enforcement legislation, Senate Bill 4, can remain in effect while the case plays out, handing a victory to Gov. Greg Abbott and Republican supporters of the legislation.
As passed, Senate Bill 4 allows local law enforcement officers to question the immigration status of people they detain or arrest and punishes local government department heads and elected officials who don’t cooperate with federal immigration “detainers” — requests by agents to turn over immigrants subject to possible deportation — in the form of jail time and penalties that exceed $25,000.
The one part of SB 4 that is still on hold is a provision that punishes local officials from “adopting, enforcing or endorsing” policies that specifically prohibit or limit enforcement of immigration laws. The judges kept that injunction in place, but said it only applies to the word “endorse.” The bill, as passed and signed, would have made elected and appointed officials subject to a fine, jail time and possible removal from office for violating all or parts of the legislation.
The American Civil Liberties Union of Texas, which represents some of the plaintiffs in the SB 4 case, said it was considering how to move forward.
“The court made clear that we remain free to challenge the manner in which the law is implemented, so we will be monitoring the situation on the ground closely,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project.
See here, here, and here for the background. This one is destined for the Supreme Court, but in the meantime it can’t hurt to ask for an en banc review, as this wasn’t the friendliest three judge panel. This is still the injunction phase, not the trial on the merits, so no matter what there’s still a long road ahead. A copy of the ruling is here, and Texas Monthly has more.