Texas Immigration Lawyer Blog

Sanctuary Cities Bill introduced in Texas Legislature enables racial profiling

Last week, a Sanctuary Cities Bill was once again introduced in the Texas Legislature. Here is a link to an interview that I gave to Estephany Escobar of KXXV-TV. 

The Bill addresses sanctuary cities (which are not a problem in Texas), encourages "show me your papers" by local police, and requires law enforcement to investigate and record in files on criminal cases when someone is in the U.S. unlawfully.

Sanctuary Cities: 

"Sanctuary city" is a term frequently used for a broad range of situations from entities that refuse to cooperate with Immigration and Customs Enforcement (ICE) to those who create a welcoming environments for immigrants. 

There are no cities in Texas that I am aware of who refuse to cooperate with ICE. Austin is frequently given as an example of a sanctuary city, but the Travis County jail releases individuals to ICE where there is a detainer (request to hold the individual for 48 hours after release from county custody).

Show Me Your Papers:

The bill prohibits policies that prevent law enforcement from inquiring about someone's immigration status. This has nothing to do with sanctuary cities and is a road to racial profiling.

Investigate/Record Requirement:

This requires an affirmative inquiry into the immigration status of each individual that is arrested or charged with a crime. If an individual does not have lawful status, it is to be noted in the file and reported to the judge in charge of the case. The only purpose that this serves is to encourage stiffer penalties for those who do not have lawful status. 

The introduction of this kind of legislation erodes the relationship between law enforcement and the immigrant community and hurts us all. 

Immigrants' Loss--America's Loss

I've received many calls and emails this week. Immigrants and their supporters are anxious about what Donald Trump's presidency will mean for them. Here are a few thoughts (but no answers):

DACA

Individuals with Deferred Action for Childhood Arrivals (DACA) are worried that their lives are going to be torn apart. DACA has been an inspiration to me as I have seen young people use their education and talents to work in their chosen professions and to improve their lives and communities. It will be a great loss for these U.S. educated individuals with strong ties here to once again be unable to work or drive legally. 

President-Elect Trump has said that he intends to immediately cancel "unconstitutional executive action[s]" including DACA. It is unknown whether he will allow those with DACA to continue working until their authorizations expire or will immediately cancel all employment authorizations and deferred action. 

The loss of DACA will hurt us all. 

Removals

Individuals who are in the U.S. unlawfully are subject to removal (deportation). The Obama administration has already removed or deported more people than any other president. They have concentrated efforts on those with significant criminal convictions. Mr. Trump says he will "begin removing the more than 2 million criminal illegal immigrants from the country." The Obama administration already has the Immigration Courts backlogged for years with removal cases. The Trump administration will need to pour considerable money into the Immigration Courts to move faster than his predecessor. 

I am concerned that he will expand the definition of "criminal alien" to include minor traffic offenses, including driving without a license. This will lead to racial profiling and fear of police in our communities. 

Anti-Immigrant Advisors 

Kris Kobach, Kansas Secretary of State and author of numerous egregious and unconstitutional immigration laws (think racial profiling in Arizona), has announced that he will be on Mr. Trump's transition team to advise him on immigration issues. It is deeply troubling (but not surprising) that Mr. Kobach will be influencing immigration policy in the Trump administration. 

As I said, no answers ...