First lawsuits filed over state’s anti-sanctuary policy


The great State of Texas is being sued by the League of United Latin American Citizens (LULAC) over it’s new anti-sanctuary jurisdiction bill. LULAC has also filed suit against Texas Governor Gregg Abbott (in his official capacity) and Texas Attorney General Ken Paxton.

Alongside LULAC, border city El Cenizo’s mayor, Raul L. Reyes, joined the lawsuit. El Cenizo is on the Texas-Mexico border in Webb County and includes a majority, 99.2%, Hispanic population. Considered “a safe haven” for illegal aliens, city employees are prohibited from inquiring about a person’s immigration status.

The other named plaintiffs are Maverick County’s Sheriff Tom Schmerber and Constable (Pct. 3-1) Mario A. Hernandez. Maverick County sits above Webb County on the Mexico border.

LULAC’s stated mission is to “advance the economic condition, educational attainment, political influence, housing, health and civil rights of the Hispanic population of the United States.”

LULAC’s National President, Roger C. Rocha, Jr. says they filed the suit in order to block the implementation of SB4, which Rocha claims is “a violation” of the US Constitution. “We believe it is unconstitutional for the State of Texas to attempt to coerce local law enforcement into becoming de facto federal immigration agents,” he said.

Breitbart Texas reports it received the following statement from LULAC:

“The complaint which was filed by the League of United Latin American Citizens against the State of Texas and key government officials seeks declaratory and injunctive relief from the courts to stop the state from discriminating against individuals based solely on the color of their skin. The complaint, which was the first to be filed by a civil rights organization in response to the signing of SB 4, maintains that SB 4 violates the U.S. Constitution. The statute seeks to extend local law enforcement into a field preempted by federal law. Specifically, SB 4 impermissibly extends immigration enforcement to local officials by forcing local government entities to cooperate with immigration enforcement efforts in a way that violates federal law both constitutionally and statutorily. In addition to the statute being unconstitutional, it is bad policy. SB 4 will promote distrust between local law enforcement and the community at large.”

Texas Governor Greg Abbott believes the law will make Texans safer, prevent American deaths at the hands of illegal aliens and prevent violent offenders from going back out on the streets.

Abbott says the law does not require a provision to “ask for papers”, but that even if it did, that a similar provision in the Arizona law was “upheld by every U.S. Supreme Court justice, including the liberals.”

Republican Senator Charles Perry from Lubbock, who authored the bill, explained that police can already inquire about immigration status and says the bill doesn’t change that. Perry assured citizens and legal residents that they can continue as normal and don’t need to “carry papers” to prove legal residence, despite the insistence from the left that there is a  “show your papers” component to the law.

When SB 4 becomes effective on September 1, all law enforcement officers will be required to follow the law. Refusal to do so or adopting sanctuary city policies will subject them to the “stiffest penalties in America.” That could include jail time. Also, ignoring an immigration detainer will be a Class A misdemeanor.

“But these officials also are subject to a removal action,” Abbott clarified, “and the counties or cities in which they operate are subject to very stiff fines.”

LULAC’s lawsuit was filed in San Antonio in the U.S. District Court for the Western District of Texas. It has been assigned to Chief Judge Orlando L. Garcia, who has previously ruled against Texas in redistricting lawsuits.

Breitbart notes that “the federal complaint (below) bears the name ‘Bexar County Constable Pct. 1 Ruben C. Tejeda’ as a plaintiff but it has been manually scratched-out.”

LULAC Lawsuit Against Texas on Sanctuary City Ban by lanashadwick on Scribd

H/T: Breitbart

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