Austin joins SA in lawsuit to sanctuary cities ban

El Paso County, El Cenizo also suing Texas over SB 4

AUSTIN, Texas – The city of Austin joined San Antonio Friday in a lawsuit against the state of Texas over the sanctuary cities ban.

"Elected leaders across the state are following the leadership of community members who have called for a Summer of Resistance against the immoral and unconstitutional SB 4," Austin City Council Member Greg Casar said. "Today, Austin is proud to join San Antonio, El Paso, and El Cenizo in challenging SB 4 in court for threatening the safety and constitutional rights of our community."

Related: Lawsuit filed on behalf of San Antonio against sanctuary cities ban

Gov. Greg Abbott last month signed Senate Bill 4 into law, which allows law enforcement officers to ask someone they've detained about their immigration status. Abbott said the law is a matter of public interest, which Casar rejects.

"This law never had anything to do with public safety. I'll say that again. It has nothing to do with public safety in this law," Casar said. "As a matter of fact, this law threatens our residents' public safety and our constitutional rights under the U.S. Bill of Rights."

Related: City officials split over controversial sanctuary cities ban lawsuit

Austin Mayor Steve Adler said he questions the need to ask for someone who is detained for their immigration status.

"Why would a law enforcement officer here in the city of Austin ask someone that question?" he said.

Adler said he's concerned about the possibility of racial profiling, even though there are state and federal laws against it.

"Some officers in and around the state may actually end up asking that question of people who are brown," he said. "I think it reasonable to believe that someone who looks like me probably doesn't get stopped and asked about my immigration status." 

Standing in solidarity with Austin leaders during their announcement was the Workers Defense Project, one of the co-plaintiffs in the San Antonio lawsuit.

WDP also was among the groups that were protesting at the State Capitol on Monday, when a Republican lawmaker claimed he called immigration on them.

The incident provoked a shoving match between State Rep. Matt Rinaldi and Latino lawmakers who said he approached them. 

Jose Garza of the Workers Defense Project said when Abbott enacted SB 4, "He picked a fight with thousands of working families and immigrant families in the state of Texas, and that's not a fight he's going to win."

San Antonio filed the lawsuit Thursday. El Paso County and the community of El Cenizo have filed their own lawsuits.

SB 4 lawsuit filed by SA.pdf by David Ibanez on Scribd

SB 4 lawsuit Austin intervening.pdf by David Ibanez on Scribd

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About the Authors:

David Ibañez has been managing editor of KSAT.com since the website's launch in October 2000.

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.