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September 26, 2017

Fifth Circuit Court of Appeals Overturns Injunction Against Sanctuary City Bill Put in Place by Lower Court Judge, Permitting Most of the Law to Be Enforced

Until a full hearing on the merits, at least. But for now, the law is mostly now in force.

A three-judge panel of the 5th U.S. Circuit Court of Appeals temporarily stayed on Monday key portions of the injunction issued in September by a federal judge in San Antonio that prevented the state from implementing major parts of the law...

The core parts of the law ban Texas cities from prohibiting or “materially limit[ing]” local law enforcement from:

1. Notifying federal immigration officials that an illegal alien has been arrested.

2. Cooperating with immigration authorities (including honoring detainer warrants on illegal aliens issued by federal authorities).

3. Allowing federal immigration officers to enter local jails to conduct investigations of criminal illegal aliens.

The lower court federal judge had enjoined Texas from implementing the second and third provisions. However, the 5th Circuit issued a stay of that portion of the injunction.

Holding that Texas was likely to succeed on the merits of those two provisions, the 5th Circuit lifted the injunction until the appeals court has a chance to consider the merits of the case....

The panel found that local authorities don't have to honor and fulfill every detainer request, but -- and I don't get this distinction myself -- they must honor and fulfill ever detainer request consistent with current ICE practice. It gives the example of local authorities being free to ignore an ICE detainer request... if the arrestee provides proof of legal presence in the country. I'm not sure why ICE would issue a detainer in that situation, but, whatev's.

Hans Von Spasky (who wrote this news item) had previously blasted the Clinton-appoointee prog judge's injunction as "absurd" -- and it looks like the appeals court agrees.


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posted by Ace at 02:39 PM

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