Federal appeals court to hear arguments on 'sanctuary city' ban

Opponents go before 5th U.S. Circuit Court of Appeals on Tuesday

By KEVIN McGILL, Associated Press
Posted: 6:06 AM, November 07, 2017
Updated: 6:06 AM, November 07, 2017

NEW ORLEANS - A federal appeals court in New Orleans planned to hear arguments Tuesday on a Texas law cracking down on so-called “sanctuary cities.”

The Texas Legislature approved the law in the spring. It was challenged by several Texas city governments and civil rights advocates. It requires local law enforcement agencies to honor federal immigration requests to detain people in local jails for possible deportation.

Opponents go before the 5th U.S. Circuit Court of Appeals on Tuesday afternoon, seeking an injunction blocking enforcement pending further court proceedings. Texas officials will argue against an injunction and in favor of the law.

The law also allows police to inquire about people’s immigration status during routine interactions such as traffic stops. It subjects some law enforcement officials with removal from office and criminal charges for not complying with federal detainer requests.

Municipal officials from Dallas, Houston, El Paso, San Antonio and Austin are among the opponents. The American Civil Liberties Union is fighting the law on behalf of the small Texas border city of El Cenizo. The Mexican American Legal Defense and Educational Fund is representing other localities.

President Donald Trump’s administration backs the law. The U.S. Justice Department has joined Texas in defending it.

Opponents argue, among other things, that the law illegally puts local law enforcement officers in the role of federal immigration officers; that it puts local officers in the position of violating detainees’ Fourth Amendment rights against illegal search and seizure. The critics also argue that some parts of the law are unconstitutional because they are vague as to exactly how local officers are to fulfill their duties with respect to immigration law.

Tuesday’s arguments mark the second time in as many months that 5th Circuit judges will hear arguments in the case. After U.S. District Judge Orlando Garcia judge blocked much of the law on Aug. 30, Texas sought an emergency order allowing enforcement. A three-judge 5th Circuit panel heard arguments on Sept. 22 while immigrant advocates beat drums and chanted outside the federal courthouse in New Orleans. Days later the panel eased restrictions on enforcement of the law with a complex order that was interpreted differently by both sides.

Another three-judge panel was assembled for Tuesday’s arguments: Jerry E. Smith, nominated by President Ronald Reagan; Edward Prado, by President George W. Bush; and Stephen Higginson, by President Barack Obama.

https://www.ksat.com/news/texas/fede...tuary-city-ban

It will be interesting to see how this turns out---since we have a ballot initiative in our state to overturn the 30 year old sanctuary law. And the other side has lots of activist lawyers and sympathetic judges and officials. If the 5th circuit allows some of those contrary arguments to stand it would give some ammunition to the open borders activists. I'm hoping for the best.

I guess what that is saying is that leftwing activists can change society even when their views are unconstitutional or clearly a minority. They will piece together an alternate view by slogging through the courts, cherry picking arguments and then jurisdiction shopping. San Francisco government and the Ninth Circuit court are prime examples.

When our initiative comes to the ballot (in 2018....) I am sure it is going to be major news on the immigration websites. I am pretty confident this will pass; perhaps not by a major margin like the anti-driver's license bill-- but for such a liberal leaning state there is still a populist current against illegal immigration b/c probably equated with California culture????