El Paso County Files Lawsuit Against Texas Immigration Law
TL/DR –
Texas civil rights organizations and El Paso County are suing the Texas Department of Public Safety over a new law, Senate Bill 4, that allows state law enforcement to detain and deport illegal migrants. The ACLU, filing the lawsuit, claims this new law is “patently illegal,” citing that it infringes on the federal government’s exclusive immigration powers and jeopardizes immigrants’ rights under federal law. The law, which mirrors federal laws making illegal border crossing a misdemeanor and re-entry a felony, imposes a financial burden on counties charged with providing detention for migrants, and has been criticized as being “rooted in anti-immigrant sentiment.”
ACLU Sues Texas Over New Immigration Law
Texas civil rights organizations and El Paso County filed a lawsuit against the Texas Department of Public Safety on Tuesday. They protest a new legislation allowing state law enforcement to detain and deport undocumented immigrants.
The lawsuit, brought forward by ACLU, represents El Paso County and two immigrant advocacy groups, El Paso’s Las Americas Immigrant Advocacy Center and Austin’s American Gateways. The complaint labels Texas Senate Bill 4 as “patently illegal”.
According to the lawsuit, this Texas law takes “control over immigration from the federal government”. It deprives immigrants of their federal rights and requests the court to halt the law’s enforcement before it takes effect on March 5.
Texas Gov. Greg Abbott, who signed Senate Bill 4 into law in Brownsville, Texas, did not respond immediately to a request for comment. The Texas Department of Public Safety declined to comment on the lawsuit as well.
Abbott said that Senate Bill 4, along with two other laws focused on border security, will “better protect Texas and America”. He criticized President Biden’s inaction and said these laws will help stem the surge of illegal entry into Texas.
Senate Bill 4 passed the Texas Legislature in November. This law parallels federal law that treats illegal border crossing as a misdemeanor and illegal re-entry as a felony.
According to El Paso County Judge Ricardo Samaniego, the law will impose a financial burden on the county. It will have to provide detention space for the expected rise in migrant detainees. He estimated a new jail’s cost at over $40 million.
Civil rights advocates warn that lawful residents and U.S. citizens will likely be targeted in a county where many cross the U.S.-Mexico border daily.
Marisa Limón Garza, executive director of Las Americas Immigrant Advocacy Center, stated that the new Texas law is “rooted in anti-immigrant sentiment”. She highlighted that over 80% of El Paso County residents identify as Hispanic, many tracing their roots back to Mexico within a generation or two.
Penalties for violating the law against illegal entry range from a class-A misdemeanor to a second-degree felony, which could result in a 20-year jail sentence.
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