The Texas Senate late Tuesday gave preliminary approval to a controversial immigration measure to ban “sanctuary” jurisdictions in the state.
Senate Bill 4, filed by state Sen. Charles Perry, would punish local and state government entities and college campuses that refuse to cooperate with federal immigration officials or enforce immigration laws. The vote was 20-11 along party lines.
It would also punish local governments if their law enforcement agencies fail to honor requests, known as detainers, from federal Immigration and Customs Enforcement officers to hand over immigrants in custody for possible deportation. The punishment would be a denial of state grant funds. The bill doesn’t apply to victims of or witnesses to crimes, public schools or hospital districts.
The vote came after Perry added tough civil and criminal penalties for entities that don’t comply with the bill’s provisions. One amendment would make a department head whose agency violates the provisions of SB 4 subject to criminal prosecution in the form of a class A misdemeanor. Another added a provision that would subject the local agency to civil penalties, including a fine at least $1,000 for the first offense and $25,000 for each subsequent violation.
The severity of the proposals prompted state Sen. Sylvia Garcia, D-Houston to ask Perry how far he was willing to go.
“What’s the next [amendment] going to do? Take their first born?” she asked.
The upper chamber also predictably shot down by party line votes several amendments Democrats offered to make the bill more palatable to their constituents, including a measure by state Sen. Judith Zaffirini, D-Laredo, that would have excluded college campuses. An amendment by state Sen. José Menéndez, D-San Antonio, which sought to require peace officers to learn immigration law was also voted down, as was another by state Sen. Eddie Lucio, Jr. that would have prohibited the arrest of a person only because he or she was in the country illegally.
Garcia also asked Perry to remove a section of the bill that would punish a local entity for “endorsing” a policy that prohibits or discourages enforcing immigration law. Garcia said that section could be a violation of an elected official’s right to free speech and could be interpreted broadly.
See here for the background. There will certainly be lawsuits filed when this thing gets signed into law. The fact that legal genius Ken Paxton swears it’s legal is irrelevant – was there ever a chance he wouldn’t say that? – though what the courts ultimately do with this remains to be seen. (Other lawyers disagree with Paxton’s assessment.) The thing that needs to happen of course is for there to be a political price to pay for passing this bill. Lots of people showed up to testify against SB4. We need that same kind of turnout next November. Stace has more.