Standing Firm against Texas’ Anti-Immigrant Law
The public safety of every Texan is at stake.
They say everything is bigger in Texas. Lately, that includes its mean-spirited and unnecessary attacks on the civil and human rights of all persons in the state.
Gov. Greg Abbott recently signed a watered down (but still discriminatory) voter ID law, signed an anti-choice law that’s been described as “cruel” and “unconstitutional,” and has called for a special session of the Texas legislature next month to pass, among other things, a law that will discriminate against transgender Texans.
Abbott last month also signed S.B. 4 — most often referred to as the state’s “sanctuary cities” law — which will drastically expand the involvement of state and local law enforcement authorities in the enforcement of federal immigration laws.
It’s an unwise piece of legislation, and the ACLU is suing to block it from going into effect. Today, a federal court in San Antonio is hearing the case.
I submitted an affidavit in support of the ACLU’s lawsuit in my capacity as president and CEO of The Leadership Conference on Civil and Human Rights and as the former head of the Civil Rights Division at the U.S. Department of Justice, where I worked extensively and collaboratively with city officials and law enforcement across the country to build trust between police and the communities they serve.
After I read S.B. 4, it was clear to me that the law will negatively impact the ability of police to engage in effective community policing and traditional law enforcement functions, and that it will harm public safety as a result. S.B. 4 could also lead to unlawful racial profiling, stops, and prolonged detentions.
As I wrote in my declaration, “if the community believes that police will inquire into their immigration status or honor even erroneous detainer requests, they will come to see their police as immigration agents and not as a police force that is entrusted to ensure the community’s public safety needs.”
“This will foster distrust that is antithetical to effective policing,” I wrote. “As a result, some communities will be effectively deprived of full police services and protection. This is dangerous as community-police trust is a cornerstone of public safety.”
That’s why members of the Texas Major Cities Chiefs and the Texas Police Chiefs Association opposed passage of S.B. 4. Among other things, the law could result in fines or jail time for officers who won’t honor immigration detention requests. That’s absurd.
They also recognized the chilling effect this will have on victims reporting crimes. In an op-ed written prior to Abbott signing the law, the police chiefs of six major Texas cities and the head of the Texas Police Chiefs Association wrote that “Officers would start inquiring about the immigration status of every person they come in contact with, or worse, inquire about the immigration status of people based on their appearance. This will lead to distrust of police and less cooperation from members of the community. And it will foster the belief that people cannot seek assistance from police for fear of being subjected to an immigration status investigation.”
“Distrust and fear of contacting or assisting the police has already become evident among legal immigrants,” they wrote. “Legal immigrants are beginning to avoid contact with the police for fear that they themselves or undocumented family members or friends may become subject to immigration enforcement.”
The ACLU isn’t alone in suing the state. Five days ago, the city of Houston joined a lawsuit against the state, which already includes Dallas, Austin, San Antonio and other local governments and groups like LULAC. MALDEF has also sued.
There are also serious economic concerns attached to S.B. 4. Arizona enacted a similar law (S.B. 1070) that led to boycotts and resulted in a loss of $490 million in tourism revenue in a single year. Alabama’s H.B. 56 cost the state $11 billion, including drastic losses in tax revenues, and resulted in the loss of about 140,000 jobs. Texas could face similar consequences.
But Jeff Sessions’ Justice Department doesn’t care. On Friday, they filed a statement of interest siding with Texas. Sessions can make grandiose statements about “keeping America safe,” but he’s advocating for a law that will in actuality undermine public safety and chill the reporting of crimes.
I stand with the ACLU and other entities challenging this discriminatory law, and I know the significant legal and constitutional concerns raised by S.B. 4 will be closely scrutinized in the courts. The public safety of every Texan is at stake.
