AUSTIN (Nexstar) — Texas’ novel new border security law will face its first legal test in federal court Thursday, challenged by the Department of Justice and civil rights groups who argue the law is “plainly unconstitutional and anti-immigrant.”
Senate Bill 4 would empower state and local law enforcement to arrest suspected illegal immigrants and order them back across the border. The law creates a new state crime for crossing into Texas outside of a port of entry, punishable as a Class B misdemeanor. Repeat offenders could face a state jail felony, and state magistrate judges may order them to return to Mexico.
An Austin judge will decide whether the law can take effect on March 5. Arguments began Thursday morning in the U.S. Western District of Texas in downtown Austin. Cameras were not allowed and electronic device usage was prohibited inside.
The U.S. Department of Justice and civil rights groups sued the state in early January, arguing the law is “plainly unconstitutional and anti-immigrant.” The federal government is asking U.S. District Judge David Ezra to stop the law from going into effect and declare it unconstitutional.
Immigrant advocates and border residents held a rally outside the courthouse Thursday morning and went on to pack the courtroom to full capacity.
U.S. attorneys argued in court that federal immigration law preempts state law.
State senator says law is ‘necessary’
Similar protests happened outside the Governor’s Mansion on Wednesday.
“How is Texas going to protect us in light of these laws? I don’t have trust, I don’t have faith that this system will actually protect people,” Marisa Limon Garza, the executive director of Las Americas Immigrant Advocacy Center, said. “How are you going to ensure that your law enforcement officers are going to have probable cause and will be able to make a determination about whether someone entered into Texas from Mexico at an official port of entry?”
Civil rights groups including the American Civil Liberties Union and the Texas Civil Rights Project argue the law will exacerbate racial profiling and could improperly detain legal residents. The bill’s author dismisses those concerns.
“I just don’t buy the premise that that’s a systemic problem throughout our law enforcement community. It’s just not true,” State Sen. Charles Perry, R-Lubbock, said. “I’m not telling you that there’s not going to be people that are inquired of their (immigration) status. But it’s going to be premised upon some legitimate reason for stopping. They’re not looking for reasons to stop people.”
Perry argues the law is appropriate and necessary to protect Texans from an “invasion,” citing the threats of drug cartels and human traffickers.
“We’ll have to address what happens when the federal government does not do its job, according to the Constitution. And clearly, the constitution grants the state the ability to defend itself,” he said.
This is a developing story, check back for updates.
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