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More “sanctuary cities” litigation in the works

Coming soon.

Civil rights groups vigorously opposed to Texas’s new anti-“sanctuary cities” law – which would allow the jailing of sheriffs and police chiefs if they refuse to cooperate with federal immigration authorities – expect to file within the next two weeks long-awaited lawsuits seeking to block the measure, they said.

They are prepared to ask a federal judge to temporarily halt the law’s enforcement until the court can undertake a broader review of its constitutionality, while Republican state leaders who passed the law remain confident they will prevail.

The Mexican American Legal Defense and Educational Fund, a constant thorn in Republicans’ sides from earlier legal battles, is expected to play a key role in the litigation over Senate Bill 4, which will allow police officers to question people about their immigration status if they are detained during routine interactions. Gov. Greg Abbott, who believes the law is legally sound, signed the bill May 7.

Thomas A. Saenz, MALDEF’s president and lead attorney, focused on a provision of the law that commits the state to use taxpayer money to defend every local entity that could be sued for incorrectly honoring a federal detainer request. In such a case, Saenz said, a police department could mistakenly hold the wrong person because they have a similar or identical name than the person’s listed on the detainer request, which would be a clear violation of constitutional rights.

One lawsuit has already been filed against the law, while another was filed by the AG in an effort to get the law declared constitutional. As this story notes, while there have been lawsuits in other states relating to laws like SB4, Texas’ large Latino population and no doubt the recent rulings that the Legislature had passed discriminatory laws could well factor into how these play out. Expect something to be filed in the next couple of weeks.

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