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August 31, 2017
Federal Judge, Get This, Blocks Enforcement of Democratically-Passed Texas Sanctuary City Bill
The Optimates have decided the public is no longer permitted to pass laws of their own devising.
U.S. District Judge Orlando Garcia blocked portions of Senate Bill 4 (SB 4) requiring local law enforcement departments to comply with federal requests to hold unauthorized immigrants in custody. Also blocked: a provision that stopped local departments from implementing policies that would "materially limit" enforcement of immigration laws, the Dallas News reported.
Note that the state law imposes duties on state law enforcement. Specifically, it demands they comply with the federal law.
This judge -- Orlando Garcia -- decided that a state law demanding that state actors comply with federal law runs afoul of federal law.
An aspect of the law permitting police officers to ask about immigration status was not blocked, but the ruling did limit the actions officers would be allowed to take after learning that a person was undocumented – officers could only report the person’s immigration status to federal authorities.
Why? Why can't a state law instruct state law enforcement officers what their duties are?
Here's his "reasoning:"
In a 94-page ruling, Garcia wrote that there "is overwhelming evidence by local officials, including local law enforcement, that SB 4 will erode public trust and make many communities and neighborhoods less safe" and that "localities will suffer adverse economic consequences which, in turn, will harm the state of Texas."
In other words, illegal non-citizens don't like this so citizens are no longer permitted to pass laws that citizens prefer.
"The Court cannot and does not second guess the Legislature," he continued. "However, I'm a-gonna do it anyway. YOLO, bitches."
I made up the last sentence, but pretty much that's the spirit of it.