Bexar County Commissioners vote to join lawsuit against sanctuary cities law

Law expected to take effect Sept. 1

SAN ANTONIO – Bexar County commissioners voted Tuesday to join the cities of San Antonio and Austin in a lawsuit opposing the state’s new sanctuary cities law from taking effect.

Gov. Greg Abbott signed Texas Senate Bill 4 into law last month. The law, which would go into effect Sept. 1, would allow local police to question a potential suspect about their legal status in this country.

Though the vote was technically unanimous, County Judge Nelson Wolff said Commissioner Kevin Wolff, who is out of the country, opposed the measure and would have voted against the move.

San Antonio and Austin opted last week to join the Mexican American Legal Defense and Educational Fund in its suit against the new law.

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The city of El Cenizo, the League of United Latin American Citizens and the American Civil Liberties Union also filed Monday for a preliminary injunction to stop the law from going into effect.

County spokesperson Monica Ramos said that they will join the lawsuit pending further research from DA Nico LaHood about the other lawsuits already filed.

The county judge was clear about how he feels about the undocumented immigrants who now fear being deported if they are stopped by local law enforcement and asked about their immigration status.

“Everybody seems to forget where the hell they came from,” Nelson Wolff said. “A lot of people don’t give a damn. They’re not coming for them, so what do they care.”

Several commissioners also voiced their concerns about the sovereign intrusion by the state into local government by threatening elected officials and local law enforcement with removal, criminal charges and fines if they don’t comply with the law.

Bexar County Sheriff Javier Salazar said if the law stands, he will comply with what’s required. Salazar said he already honors immigration detainers for some inmates.

“I can say in Bexar County, this really is not doing anything to address our local needs," Salazar said.

Paul Elizondo, the longtime commissioner in Precinct 2, said, “The attitude is, ‘We’re going to ram it down your throat.’”

Precinct 4 Commissioner Tommy Calvert said he is hopeful the law will be overturned by the courts.

“Based on the precedents, it seems to me quite likely the federal courts would say this law went too far,” Calvert said.

Words exchanged during last week’s shoving match between Latino lawmakers and Republican colleague Matt Rinaldi were recalled by Calvert.

Watch the web extra below to hear what Calvert said:

Commissioner Kevin Wolff released the following statement:

“Today the County voted to join the lawsuit with the City of San Antonio in regards to SB4. While I supported a resolution against the passage of the bill, I do not support filing a suit against it.

"Let me state it as simply as possible: one governmental entity should not interfere with another governmental entity’s jurisdiction and responsibilities. I do believe it is the responsibility of Bexar County to convey their thoughts of what they believe state and federal government should or should not do. I do not believe it is our responsibility - nor is it our right - to force those decisions that are the responsibilities of other governmental duties. It is not a state’s right or responsibility to enforce or enact laws concerning immigration issues. This is why I supported the county’s resolution against the passage of SB4. That responsibility resides with the federal level of government. Though I am of the opinion that the federal government has been irresponsible in enacting effective immigration reform, it is not in the jurisdiction of this Court to create immigration policy. Consequently, we do have the legal responsibility of complying with the enforcement of federal legislation. The county already complies with that enforcement.

"The state inventing immigration “laws" is a waste of time better spent on things they do have responsibility for. Transportation, education, and mental health were all topics that fell by the wayside this session for issues that are outside of the state’s jurisdiction. Silly things like bathroom bills addressing “problems” that don’t exist, tax plans that have no chance of actually saving anyone anything, and immigration bills that are already being enforced cloud the political landscape and limit the efficiency of actual governing. In other words, the majority of the state legislature’s time has been spent on things that "sound good" politically but have no power to enact real change that will positively benefit the lives of the people of this state. It's the definition of good politics and bad statesmanship.

"I know my opinion will do little to appease either political party. However, I believe I was elected to speak my mind and represent what the majority of my constituents feel is right. It is the constituents of Bexar County I work for - and it is for them to decide whether or not I'm doing the job I was elected to. This is how we ensure that government is working the way it’s supposed to.

I stand against SB4 for all the aforementioned reasons – but I stand against suing the state on SB4 for all the reasons above as well. Again, simply put: it is not within the jurisdiction of the County to create - or interpret - immigration policy.”

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About the Authors

Jessie Degollado has been with KSAT since 1984. She is a general assignments reporter who covers a wide variety of stories. Raised in Laredo and as an anchor/reporter at KRGV in the Rio Grande Valley, Jessie is especially familiar with border and immigration issues. In 2007, Jessie also was inducted into the San Antonio Women's Hall of Fame.

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