Federal Judge Hears Preliminary Injunction Evidence Against Texas SB 4 “Sanctuary” City Law

By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2017

Amidst over 300 people protesting outside the United States District Courthouse in San Antonio, Texas, United States District Court Chief Judge Orlando Garcia heard evidence on Plaintiffs City of El Cenizo, Texas, El Cenizo Mayor Raul L. Reyes, Maverick County, Maverick County Sheriff Tom Schmerber, Maverick County Constable Mario A. Hernandez, City of San Antonio, Bexar County, City of Austin, City of Dallas, City of Houston, City of El Paso, El Paso County, League of United Latin American Citizens, and others petition for a preliminary injunction against Defendants the State of Texas, Governor Gregg Abbott, and Attorney General Ken Paxton from enforcing the controversial anti-immigrant Texas Senate Bill 4 “Sanctuary” City law on September 1, 2017 before a final trial and judgment in the consitutional challenge case is completed.

Bexar County Judge Nelson Wolff testified that Texas SB 4 “Sanctuary” City law will have a chilling effect on public officials who oppose the controversial anti-immigrant law.  Wolff also testified that Bexar County has always cooperated with federal immigration officers who file detainer requests against inmates pending criminal charges in local courts, but the measure has cost the County of Bexar over $22 Million during the past 11 years.  Wolff stated the federal government should pay Bexar County these monies ($22 Million) for detaining their suspects in the Bexar County Jail. Wolff added that Bexar County taxpayers are paying for this $22 Million tab instead of the federal government.

San Antonio City Councilmember Rey Saldana testified that Texas SB 4 “Sanctuary” City law will cause a chilling effect among the Latino community’s cooperation with law enforcement agencies in reporting and investigating criminal offenses in the City of San Antonio for fear of being detained themselves.

Attorneys for the State of Texas argued that SB 4 “Sanctuary” City law is needed to bring uniformity on how local, county, and state law enforcement agencies handle detainer requests by the federal immigration officers and that these federal detainer requests already come with “probable cause.” 

Other witnesses testified that Texas SB 4 “Sanctuary” City bill discriminates against Latinos and those whose skin color is non-white.  Witnesses testified that the controversial SB 4 “Sanctuary” City law will adversely impact and discriminate Latinos and that the federal government is already charged with enforcing federal immigration laws.

U.S. District Judge Orlando Garcia told the parties and their attorneys that he will take their evidence and arguments into advisement and may be a while before he makes a decision on the petition for a preliminary injunction due to his heavy caseload. 

Maverick County is a lead plaintiff in the case together with Maverick County Sheriff Tom Schmerber and Maverick County Constable Precinct 3-AB Mario A. Hernandez,  They are represented by San Antonio lawyer Luis R. Vera and the American Civil Liberties Union.

The parties will anxiously await Judge Garcia’s decision in the future.