Federal judge blocks Texas law penalizing sanctuary cities
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A Texas federal judge on Wednesday issued a preliminary injunction that blocks a state law that was to go into effect Friday and would have imposed daily fines of up to $25,500 on sanctuary cities that enforce or endorse policies that limit federal immigration enforcement.
U.S. District Judge Orlando Garcia in San Antonio said the law barred local officials from expressing a viewpoint on immigration and likely violated the First Amendment, report the Washington Post, the New York Times and a press release by the American Civil Liberties Union.
Garcia found other likely constitutional violations. The requirement that local officials hold and transfer detainees to federal immigration officials could violate the Fourth Amendment protection against detention without probable cause, he said. And he said a portion of the law banning practices that materially limit enforcement of immigration laws was vague.
Garcia upheld a provision authorizing police officers to ask arrestees about their immigration status.
The law, Senate Bill 4, was challenged by several cities and counties, including the cities of Houston, San Antonio, Austin and Dallas. Punishment for violating the law included fines of $1,000 to $1,500 for a first violation, and daily fines from $25,000 to $25,500 for each additional violation. Officials who violated the law could be removed from office.
Garcia said the state law’s provision went beyond the requirements of federal law and “upset the delicate balance between federal enforcement and local cooperation and violate the United States Constitution.”
The case is City of El Cenizo v. Texas.
