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Federal District Court of Texas Blocks Key Provisions of SB4

From MALDEF‘s Nina Perales:

Please find attached a quick summary of the preliminary injunction in the SB4 case.  Judge Garcia enjoined some portions of SB4 and will allow other portions to go into effect.

The bottom line is that SB4’s key provisions have been blocked.  Local jails are not required to comply with ICE detainers.  And although police officers can ask about the immigration status of an individual during a lawful detention, the individual does not have to answer, the police officer cannot arrest the individual for being undocumented, and the police officer cannot serve as an immigration officer.

From MALDEF President Thomas Saenz:

“By enjoining the bulk of SB 4, the federal court has preserved the ability of elected officials, sheriffs, and police chiefs to prevent their police forces from becoming untrained and unrestrained enforcers of federal immigration law. While the court did not stop police officers from asking about immigration during a lawful detention, officers would be wise to avoid such inquiries because they could trigger a successful challenge to the detention itself, potentially jeopardizing legitimate work by local police.”

For more information see the MALDEF Press Release:

 

Texas Cities Sue the State to Block SB 4

Less than a month after being signed into law, Texas Cities — along with affected community groups and organizations — filed lawsuits against Gov. Greg Abbott and the State of Texas to stop SB 4 from going into effect on September 1, 2017. Plaintiffs, including cities from across Texas as well as community and academic organizations, filed lawsuits arguing that SB 4 violated the 1st, 4th and 14th amendments of the U.S. Constitution, among other violations of the law. The TRUST Coalition applauds all of those standing up for justice by opposing SB 4 in the courts and looks forward to seeing this unconstitutional law stricken from the books.

To date, San Antonio, El Cenizo, and Austin have all filed lawsuits to block SB4. Dallas, Houston, El Paso, and La Joya, have all recently voted in support of resolutions to join the lawsuit as well. Fort Worth remains the only major city in Texas to avoid taking action on SB 4.

Texas Cities Unite Against SB4

You can find all of the lawsuits filed to date here:

Here are some key news articles to stay updated on the efforts to block SB4 from going into effect:

Legal Analysis of SB4:

 

TRUST Business Letter to Save the DREAM Act

From the Texas Association of Business to the Texas State Legislature:

January 23, 2015

RE: Business Community Support of In-State Tuition and TEXAS Grants for Texas Residents

Dear Members of the Texas Legislature,

On behalf of the undersigned businesses, we respectfully request your support for the continuation of in-state tuition and state financial aid for all eligible youth who attend high school in Texas. We are deeply concerned over state legislation introduced that would end the “Texas DREAM Act” and block access to TEXAS Grants for DREAMer students who meet certain requirements. We urge you to resist those efforts to turn our backs on what has been visionary and bipartisan state law since 2001. Such proposals would hurt Texas businesses and impede prosperity for the people of our state.

As business leaders, we are well aware that a highly-educated workforce is an imperative for our state if it will continue to attract businesses. The rich binational commerce from which Texas benefits is key to preparing our workforce and remaining competitive in a global marketplace. Supporting long-standing law that allows DREAMers to qualify for in-state tuition and TEXAS Grants will provide students the opportunity to attain academic success, serve in our military, and make contributions that will help stimulate our state’s economy through an increase in wages, taxes and consumption of goods and services.

Please consider the needs of our economy, employers, and future workforce and the economic ramifications a repeal of in-state tuition and TEXAS Grants for Texas DREAMers would have on our state.

Sincerely,

Texas Association of Business

Perry: No new state services for illegal immigrants

Mike Ward of the Austin American Statesman reported on 8/20/2012:

Joining a growing chorus of complaints about President Barack Obama’s new policy giving some illegal immigrants a two-year reprieve from deportation, Gov. Rick Perry has advised state agencies that the federal move will not change Texas’ policies against providing services for those who remain in the country.

In a letter distributed to state agencies on Monday, Perry calls the president’s plan “a slap in the face to the rule of law.”

“To avoid any confusion on the impact of the Obama administration’s actions, I am writing to ensure that all Texas agencies understand that (Homeland Security) Secretary (Janet) Napolitano’s guidelines confer absolutely no legal status whatsoever to any alien who qualifies for the federal ‘deferred action’ designation,” Perry said.  Read more »

 

Huffington Post: The Beginning Of The End Of The Anti-Immigrant State Law Movement?

On July 2, 2012 Kristian Ramos (HuffPost) wrote:

Anyone who witnessed Arizona Governor Jan Brewer’s rambling, borderline incoherent press conference on the Supreme Court’s SB1070 ruling must have been struck by two things. First, she had written her speech well before actually hearing the court’s verdict, and secondly she had no idea what had actually occurred in the ruling. Tellingly, Republican Presidential nominee Mitt Romney and his adviser Kris Kobach, the mastermind of the anti-immigrant state law movement were respectively silent and sober in their immediate post-ruling spin. They must have realized that the Supreme Court had just gutted the anti-immigrant state-law movement’s core belief that states could create and enforce their own immigration laws.

Read more »

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Common Sense Immigration means policies and programs that promote a healthy and robust Texas economy, support and strengthen families, encourage integration of newcomers, and provide for the well-being of all Texans over the long-term. It means avoiding policies and programs that waste limited local and state government resources, promote distrust and fear among communities, or take resources away from top public safety priorities. And, Common Sense Immigration means grounding public safety discussions in reliable information and best practices, and avoiding fear-mongering or scapegoating. ➣

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