While the so-called “anti-sanctuary city” Senate Bill 4 legislation has been successfully challenged in pertinent parts in the U.S. District Court, if the Fifth Circuit or Supreme Court ultimately upholds its legality, what would it mean for the state of Texas if it is implemented beyond the real and perceived concerns that it will negatively impact a large number of Texans, including Hispanic and Asian Americans as well as the business community?
In spite of unanimous opposition by Texas Senate and House Democratic members, opposition by police chiefs and sheriffs in most urban areas and numerous protests and lawsuits, SB 4 was enacted and scheduled to go into effect on Sept. 1, 2017, barring court action. The Aug. 9, 2017 decision by U.S. District Judge Sam Sparks of Austin denying Attorney General Ken Paxton’s law suit to preemptively declare SB 4 to be constitutional had opened the door for all legal challenges to be consolidated into one case and resolved by U.S. District Judge Orlando Garcia in San Antonio. On Aug. 30, Judge Garcia enjoined a number of major SB 4 provisions. The state of Texas will now appeal the decision to the Fifth Circuit with some likelihood that the District Court decision, if not reversed, will be modified, perhaps significantly.
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