VIDEO: ‘SB 4 Is Patently Unconstitutional and Is Bad Policy’

On September 1 in Texas, SB 4 will take effect. And on that day, all law enforcement across the state will be immediately transformed from police officers into something much different.

“SB 4 says that every local police officer, sheriff, and mayor throughout Texas now needs to enforce immigration law,” according to Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project. And these public servants have every incentive to comply with the law, he notes, because SB 4 “imposes fines in the tens of thousands of dollars, jail time, and even removal from office for violations of law.”

The fear of losing their jobs is palpable among police officers. “I’m worried because my career … it could end,” says Officer Edgar Garcia of the El Cenizo Police Department. “We can be penalized or even … they’ll give us jail time.”

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The penalties combined with the very nature of the law, Gelernt explains, will further erode the trust between the police and the communities they serve. This is for two predictable reasons. Police will undoubtedly racially profile Hispanic or Latino people — communities that make up nearly 40 percent of the state’s population. And they will improperly apply the law for fear of being seen as weak on immigration enforcement.

Officer Garcia agrees. “I want to be out here … making people feel safe,” he says. “I don’t want them to feel afraid.”

But under SB 4, they will be.

At a time when there’s a lack of confidence in policing and immigrants are under attack from the highest offices of state and federal government, SB 4 is a terrible law. But it’s also patently unconstitutional, which is why the ACLU, the ACLU of Texas, and cities and counties across the state are currently challenging it in federal court. We expect a decision before September 1, when SB 4 goes into effect.

Stay tuned.

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James j Briggs

You oppose any and all laws meant to protect the general public. The murder rate doubled from 1960 to `1990 because of you and then it was cut in half once the law was enforced. You support genocide against whites.


follow the law!

Liberals are insane

this is one that the state of Texas is going to win because it is constitutional no matter what the radical Mad Dog left-wing radicals of the ACLU says


You are absolutely right, texas will never be a blue state like california

Gary Hanson

So what part of unequal application of enforcement (leaving it up to individual officers to decide) and/or refusing to charge illegal alien criminals are supposed to make people feel safer and more secure. Under SD04 illegals know that immigration law is going to be enforced if they violate the local laws further or draw attention to their illegal status. Who gets to determine when the laws get to be enforced, is it the local official that does not like your politics or because you refuse to donate to their campaigns?


Your bullshit


"immigrants are under attack from the highest offices of state and federal government"
/Illegal/ immigrants, you mean. /Illegal/. As in, against the law, the thing police are supposed to enforce.

It's raw bullshit that illegal immigrants are supposed to be protected from deportation. My fiance can't enter this country until going through the proper hoops, why should criminals (and they are criminals, even if they're otherwise law-abiding, they commit a crime by invading our country) be given a free pass?


Yes good idea no problem


Enforcing the law of the land should be the requirement for law officers in all states. Happy to see that Texas is taking the lead.


This will only cause problems for the giant corporations which import labor. This insidious practice has moved our country deeper into third-world status by continuing to eliminate the middle class. The sad fact is this is all by design. The ACLU is an important 'cloaking device' for these evil machinations.


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