The majority of a Texas anti-sanctuary city law survived a legal challenge on Tuesday when a federal appeals court ruled that it could go into effect without further delay. While the three-judge panel in New Orleans’ 5th U.S. Circuit Court of Appeals will probably not be the final say in the matter, their ruling does signify that immigration extremists have overplayed their hand in challenging the Texas law.
The law in question is known as Senate Bill 4, and it allows law enforcement officials in Texas to ask detainees about their immigration status, overriding local statutes and policies that forbid officials from cooperating with federal immigration authorities. The only part of the law that remains on hold is a provision allowing the state to sanction local government leaders who defy ICE requests. Even so, local officials may find it more difficult to access state grants as a result of the ruling, should they continue to ignore federal immigration law and go out of their way to protect illegal aliens in their custody.
“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,” Lee Gelernt of the ACLU said.
No doubt, they will exercise that right. Additionally, the State of Texas may continue to fight back against those parts of the law that remain under injunction. This case could therefore wing up in front of the Supreme Court; certainly, while Texas Republicans are pleased with the outcome so far, there is more work ahead. Until there is clarity on a state’s right to compel local politicians to OBEY THE DAMN LAW, this case is not over.
On the other side, you have several cities – Houston, Austin, and San Antonio among them – joining forces with the ACLU and the Mexican American Legal Defense and Educational Fund. They won’t stop fighting until they are told under no uncertain terms that their battle to protect ILLEGAL immigrants is a losing one.
“After consulting its clients, MALDEF will pursue the most appropriate legal course to continue to challenge and restrict SB 4,” said the group’s president, Thomas Saenz. “We remain confident that this horrific law will ultimately find its rightful place in the dustbin of history.”
But Texas Attorney General Ken Paxton said that the ruling was a mark in favor of law-abiding Texans who simply wanted to keep their communities safe.
“Enforcing immigration law prevents the release of individuals from custody who have been charged with serious crimes,” Paxton said in a statement. “Dangerous criminals shouldn’t be allowed back into our communities to possibly commit more crimes.”
Once upon a time, we called this kind of thinking “common sense.” Naturally, the modern left wants nothing to do with it.