Under the Radar Blog Archives Select Date… August, 2020 July, 2020 June, 2020 May, 2020 April, 2020 March, 2020 February, 2020 January, 2020 December, 2019 November, 2019 October, 2019 September, 2019

Texas Attorney General Ken Paxton (center) said after decision that he was pleased that the ruling "will allow Texas to strengthen public safety." | Tony Gutierrez/AP Photo Appeals court reinstates parts of Texas law aimed at blocking sanctuary-city policies

A federal appeals court has reinstated parts of a controversial new Texas law aimed at blocking local sanctuary-city policies across the Lone Star state.

A three-judge panel of the 5th U.S. Circuit Court of Appeals issued a stay that allows much of the Texas law, known as SB 4, to take effect.

A federal district court judge in Del Rio, Texas, blocked the bulk of the policy in late August.

Attorney General Jeff Sessions hailed the appeals court ruling Monday. While the federal government is not a party to the case, Justice Department lawyers weighed in, urging the judges to let Texas’s law take effect

“The Department of Justice is gratified by the decision of the Fifth Circuit Court of Appeals today,” Sessions said in a statement. “Texas is one step closer to ending the dangerous sanctuary policies that prevent federal law enforcement from keeping criminal aliens off the streets and keeping Texans safe.”

One provision in the new law requires local governments to comply with federal detainer requests, which ask local jails to hold suspected undocumented immigrants for up to 48 hours.

POLITICO Playbook newsletter Sign up today to receive the #1-rated newsletter in politics Email Sign Up By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Texas Attorney General Ken Paxton praised the decision to allow parts of the law to take effect, and argued that it would ultimately be found constitutional.

“We are pleased today’s 5th Circuit ruling will allow Texas to strengthen public safety by implementing the key components of Senate Bill 4,” Paxton said. “Enforcing immigration law helps prevent dangerous criminals from being released into Texas communities. I am confident Senate Bill 4 will be found constitutional and ultimately upheld.”

Luis Vera, an attorney for the League of United Latin American Citizens who is pressing one of the suits challenging the law, disputed the idea that the 5th Circuit’s order would make detainer requests mandatory.

“It’s always been voluntary, so I guess it’s still voluntary,” he told POLITICO.

Vera cited part of the appeals court’s order that suggests local governments will not be required to follow detainer requests, and only need to “cooperate according to existing ICE detainer practice and law.”

The 5th Circuit panel did uphold the lower court’s injunction against a part of the law that some read as barring local officials from even advocating for so-called sanctuary policies. U.S. District Court Judge Orlando Garcia said that portion of the law appeared to run afoul of the First Amendment.

The 5th Circuit is considered the nation’s most conservative appeals court, but the stay order issued Monday won the votes of two Democratic appointees. The panel that issued the directive consisted of Judge James Dennis, a Clinton appointee; Judge Leslie Southwick, a George W. Bush appointee; and Judge Stephen Higginson, an Obama appointee.

The ruling Monday was a temporary one pending the outcome of the appeal, which is scheduled to be heard Nov. 6.