SAN ANTONIO – An attorney for the Mexican American Legal Defense and Educational Fund said the state doesn’t have the ruling it wanted for the so-called sanctuary cities ban.
Pending a ruling by the full Fifth Circuit Court of Appeals later this year, “Texas doesn’t have the SB 4 that it wanted,” said Nina Perales, the vice president of litigation of MALDEF, who on Friday argued against the state’s motion to lift the Senate Bill 4 preliminary injunction on behalf of the city of San Antonio, Bexar County and others.
The injunction put much of the state’s new sanctuary cities law on hold just days before it was to go into effect Sept. 1.
READ MORE: Both sides grilled during Senate Bill 4 appeals hearing
As a result of a mixed ruling handed down by its three-judge panel, “The three main components of SB 4 have either entirely been blocked or trimmed back significantly,” Perales said.
Perales cautioned the ruling is only for the time being. A full hearing on the merits of the case is set for Nov. 6. She said the judges on Monday blocked the speech ban that would have imposed a $25,000 fine per offense and removed public officials from office if they criticized the new sanctuary cities law and immigration enforcement.
Under SB 4, law enforcement could not be prohibited from asking for someone’s immigration status, but Monday’s ruling allows local authorities to give them guidance to ensure public safety and trust are their top priorities.
“Local jurisdictions are still allowed to set priorities for how they use their resources,” Perales said.
In lieu of a statement by Police Chief William McManus, an SAPD spokeswoman referred to Monday’s news release, stating: “The city will continue in the litigation to prevent enforcement of those provisions of SB4 that violate constitutional rights and materially impact the city’s ability to provide the best public safety protection to all its residents.”
A key aspect of the ruling dealt with immigration detainers on jail inmates suspected of being in the country illegally. Perales said they can be decided locally on a case-by-case basis and not every detainer has to be honored.
“If the jurisdiction believes there’s a legal problem holding the individual for (Immigration and Customs Enforcement), they can decline the detainer,” Perales said.
In a statement, Bexar County Sheriff Javier Salazar said the ruling won’t impact current procedures.
“We are maintaining our past and current practice of honoring ICE detainers which are accompanied by a warrant,” Salazar said.
In response to the ruling, Texas Attorney General Ken Paxton on Monday praised the three-judge panel for keeping dangerous criminals from being released in the community.
Perales said it was “political spin, not legal analysis.”
“The attorney general is going to attempt to snatch victory from the jaws of defeat,” she said.
