The City of Laredo and the County of Santa Clara, California, have co-authored and filed an amicus curiae (“friend of the court”) brief in City of El Cenizo, et al. v. State of Texas which urges the United States Court of Appeals for the Fifth Circuit to strike down the key provisions of Texas’ SB 4.
This brief was joined by 16 other entities including the City of McAllen, the International Municipal Lawyers Association, the Major Cities Chiefs Association, the United States Conference of Mayors, the National League of Cities, other local government associations, and cities and counties across the country.
“Senate Bill 4 is one more attempt by the state to undermine local control in Texas cities and counties who are otherwise in the best position to understand the needs of their respective communities,” said acting City Attorney Kristina Laurel Hale. “The brief filed by the City Attorney’s Office purports to demonstrate to the Fifth Circuit the vital interest that police departments have in enhancing public safety while at the same time conserving limited resources.”
The amicus brief was filed in accordance with the directive of City Council at the regular meeting of July 17, 2017. “The City Council voted in favor of the City Attorney’s Office filing an amicus brief in opposition to SB 4 to ensure that the people of Texas will not be subjected to any discriminatory or anti-constitutional laws,” said District V Council member Nelly Vielma.
District VIII Council member Roberto Balli added “The Laredo City Council supported the lawsuit against SB 4 because we felt that SB 4 was not about law and order, but instead was about discrimination against Hispanics. We are also concerned about the practical effects of SB 4’s ‘show me your papers’ provisions.’”
The brief supports Texas cities and counties that filed suit to stop Texas from implementing SB 4 because it would force local law enforcement agencies throughout the state to engage in immigration enforcement, a role that is the exclusive responsibility of the federal government. SB 4 would hold the threat of financial penalties, criminal prosecution, and removal from office over local officials who decide to devote their scarce resources toward local public safety programs rather than federal immigration enforcement.
It is the City’s position that SB 4 would undermine community trust in local law enforcement, making Texas less safe for everyone.
The Fifth Circuit will be reviewing a Texas federal district court’s preliminary injunction blocking enforcement of the major provisions of SB 4. The district court enjoined a requirement that local jails comply with all “ICE detainers” by holding immigrants in local jails to allow federal officers to arrest them for immigration violations, as well as, a ban on local officials engaging in constitutionally protected speech expressing their own preference for immigrant-friendly local policies.
