Unfazed by the setback, Texas Attorney General Ken Paxton vowed to continue the legal battle to see the law put into action. | Tony Gutierrez/AP Federal judge blocks Texas immigration law

A federal judge in Texas blocked the bulk of the state’s immigration law targeting sanctuary cities on Wednesday, a victory for civil rights groups and Democratic-led city governments that oppose the measure.

The order came two days before a Sept. 1 deadline to implement the new law, which seeks to ensure local police cooperate with federal immigration enforcement.


U.S. District Court Judge Orlando Garcia issued a preliminary injunction against most provisions of the measure, known as SB 4. The law authorizes local police to ask about immigration status during routine stops, and threatens police chiefs with misdemeanor charges and fines if they fail to enforce federal immigration laws.

The decision to put the law on a hold is a blow to Texas Gov. Greg Abbott, a Republican, and also to the Trump administration. In June, the Justice Department submitted a legal filing in the case to demonstrate its support.

Five of the six largest cities in Texas — Houston, Dallas, San Antonio, Austin and El Paso — are part of the suit against the law, a fact the judge noted in his order on Wednesday.

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“Their cumulative population exceeds six million people,” he wrote . “This is representative of the public opposition to SB 4 and the overwhelming public concern about its detrimental effect.”

Garcia, appointed by President Bill Clinton, ruled that key provisions of SB 4 conflicted with federal law. At the same time, he noted in the order that Texas law enforcement officers would not be prohibited from inquiring about immigration status during lawful stops, or sharing that information with federal authorities.

Unfazed by the setback, Texas Attorney General Ken Paxton vowed to continue the legal battle to see the law put into action.

“Texas has the sovereign authority and responsibility to protect the safety and welfare of its citizens,” he said in a written statement. “We’re confident SB 4 will ultimately be upheld as constitutional and lawful.”

The Justice Department did not comment directly on the judge’s ruling, but continued to express support for the Texas law.

“The Texas legislature should be commended for finding ways to increase cooperation with federal immigration authorities. When jurisdictions work to keep criminal aliens off their streets, it shows a commitment to the rule of law and to reducing violent crime, including violent crime stemming from illegal immigration,” Justice spokesman Devin O’Malley said.

Austin Mayor Steve Adler, a Democrat, praised the decision in a statement issued Wednesday evening.

He also cited the ongoing hurricane relief efforts in South Texas and concerns that undocumented immigrants may be afraid to seek aid amid an immigration crackdown.

“This week’s crisis with Hurricane Harvey is just the most recent example why people need to feel safe approaching our local police and support groups, no matter what,” Adler wrote .

Terri Burke, executive director of the Texas branch of the American Civil Liberties Union, stressed that the legal challenge to the law would continue to wind its way through the courts.

“This fight isn’t over yet,” she said in a written statement, “so we call upon law enforcement, local officials and supporters who have fought so hard to stop this law not to let up until SB 4 is well and truly dead.”

Josh Gerstein and Henry C. Jackson contributed to this report.