5th Circuit upholds Texas’ sanctuary cities law

San Antonio police chief William McManus (at lectern) speaks out against Senate Bill 4 Friday May 5, 2017 in front of the Bexar County courthouse. McManus and other public leaders such as Bexar County sheriff Javier Salazar, Judge Nelson Wolff and Senator Jose Menendez were on hand to voice their disapproval of the bill. The bill would allow police to ask the immigration status of anyone detained and started out as a means to punish so-called "sanctuary cities." "Senate Bill 4 is bad for public safety," McManus said. "It's a racial profiling bill," he said. less San Antonio police chief William McManus (at lectern) speaks out against Senate Bill 4 Friday May 5, 2017 in front of the Bexar County courthouse. McManus and other public leaders such as Bexar County sheriff ... more Photo: John Davenport, STAFF / San Antonio Express-News Photo: John Davenport, STAFF / San Antonio Express-News Image 1 of / 21 Caption Close 5th Circuit upholds Texas’ sanctuary cities law 1 / 21 Back to Gallery

AUSTIN — Top state officials are touting a federal court ruling Tuesday that lets most of a controversial law banning so-called sanctuary cities take effect, despite fierce opposition from advocacy groups who argue it will lead to racial profiling.

San Antonio had challenged the law, but city attorney Andy Segovia said the new ruling would not result in any changes to the police department’s policies.

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The law, known as SB4, punishes local officials who implement policies that limit immigration enforcement or prevent police from questioning the immigration status of anyone they detain or arrest. It also requires county jails to uphold requests by U.S. Immigration and Customs Enforcement to hold detainees suspected of being eligible for deportation.

Tuesday’s ruling by a three-judge panel of the 5th Circuit Court of Appeals in New Orleans overturns an injunction by a San Antonio federal judge that had found portions of the law unconstitutional.

“I’m pleased the 5th Circuit recognized that Senate Bill 4 is lawful, constitutional and protects the safety of law enforcement officers and all Texans,” Attorney General Ken Paxton said in a statement. “Enforcing immigration law prevents the release of individuals from custody who have been charged with serious crimes. Dangerous criminals shouldn’t be allowed back into our communities to possibly commit more crimes.”

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Judges upheld almost all of the law except for civil penalties for local officials who “endorse a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws.” They found that use of the word “endorse” could violate the First Amendment and result in penalties against local officials who speak out in favor of less restrictive immigration policies.

The border communities of El Cenizo and Maverick County are among those who challenged the ruling. Luis Vera, an attorney with the League of United Latin American Citizens, which is representing El Cenizo, said lawyers involved in the case will have to decide if they want to appeal the ruling to a larger panel on the appellate court or go directly to the Supreme Court.

“It’s sad because this was not unexpected, and that’s just the makeup of the federal court system now,” Vera said.

San Antonio was one of the first cities to file a lawsuit challenging SB 4, in part because of the police department had a policy preventing officers from asking about immigration status. When U.S. District Judge Orlando Garcia enjoined key portions of the law last year, he left in place provisions that allowed the Texas Attorney General to fine or remove local officials who prevent police from asking about immigration status. As a result, SAPD changed its policy to allow officers to ask about immigration, but instructed them that such questions are a low priority.

In a statement Tuesday, the city said it will not change its policies because officers are allowed to ask about immigration status and cooperate with immigration officials and ICE agents are allowed to enter the municipal detention facility.

“While I’m deeply disappointed by the Fifth Circuit’s decision, San Antonio will remain a welcoming and compassionate city as we continue to honor the law, including individual civil rights,” Mayor Ron Nirenberg said.