Federal judge blocks Texas' racist SB4

"Xyl0c41n3" (i-am-xyl0c41n3)
08/31/2017 at 13:36 • Filed to: No SB4, Texas, Fuck racism

Today, in a win for civil rights advocates, as well as tens of thousands of Texas residents, a federal judge has temporarily blocked Texas Senate Bill 4, also known as the Show Me Your Papers Bill, just days before it was set to go into effect.

Gov. Greg Abbott signed the bill into law during a Facebook Live broadcast which occurred late on a Sunday evening in May. The bill, which was one of Abbott’s top priorities during the recent 85th Legislature, drew immediate backlash from Texas residents, civil rights advocates, law enforcement officials and more. Just days after Abbott signed it, the border city of Cenizo filed suit against the State of Texas, claiming the bill would infringe upon people’s constitutional rights.

Cenizo was joined in their suit by Maverick County and the League of United Latino American Citizens (LULAC). Soon, several other cities, counties and organizations moved to join the lawsuit, as well, including the Mexican American Legal Defense and Educational Fund (MALDEF), El Paso County, Cameron County, the cities of Houston, Dallas, Austin and San Antonio and others.

Law enforcement officials from across the state testified at the state Capitol, voicing their concerns about the bill, which were many.

Chief among them were Fourth Amendment worries, as the bill would require local law enforcement to keep people detained in jails and prisons until they could be transferred into the custody of federal immigration officers.

They would be required to do so even if a detainee had met or satisfied the conditions of their detention, such as posting bail or completing their sentences. Or, even if they had been detained but had not been charged with a jailable crime, such as a minor traffic offense.

Law enforcement also raised concerns about how the bill’s mandate that local law enforcement officers ascertain a person’s immigration status conflicted with the U.S. Supremacy Clause, which makes immigration issues a matter of federal enforcement, not local enforcement.

As a matter of practicality, the bill’s mandates made no provisions for how its implementation would be funded, or how officers should be trained to carry out its implementation.

One small town police chief I spoke with said that, social and community concerns aside, his department simply didn’t have the financial resources to implement the bill. That included funding needed for officer training, as well as the housing and feeding of detainees who would need to be kept in his jail until ICE could take custody of them.

But for that chief, as well as other top lawmen throughout the state, one of the biggest concerns of all is how SB4 would have a detrimental effect on how police departments interact with the communities they are tasked with serving.

Police fear crime victims would be hesitant to report crime for fear of being detained and deported. The bill, many officers said, would make Texas less safe, not more.

Then there’s the portions of the bill that spell out what the consequences will be for any law enforcement officer or elected public official who discourages officers from carrying out its racist mandates. They can be fined and public officials can be removed from office.

Maybe deposing a city council person or county commissioner doesn’t seem like such a bad thing to you, but it is. Repeatedly, Texas courts have found that the only way an elected official can be deposed is via a recall by the voters. Circumventing the election and the representative democratic process is never a good thing.

But perhaps most absurd of all is the man who authored the bill, State Sen. Charles Perry (R-Lubbock). For those not familiar with Texas geography, Lubbock is about as far away as you can get from the Mexico border and still be inside the state. (Well, ok, there’s still a bunch of Panhandle past Lubbock, but that might as well be Oklahoma). This year Perry had the distinction of being listed among Texas Monthly’s worst politicians.

Perry was first elected to the state senate in 2014. He introduced anti-immigrant legislation soon after, but it failed. Never one to give up, Perry took full advantage of the new far right wing leadership that took over the state’s executive branch in January 2015, primarily, Lt. Gov. Dan Patrick.

Patrick is so conservative that even other Republicans give him the stink eye, wave their hands frantically and say “we’re not with him” all the damned time (though not often enough when it comes to casting their legislative ballots).

Backed by Patrick’s support of all things anti-Latino, anti-poor people, anti-poor school kids, anti-government transparency, as well as the convenient timing of Donald Trump fueling similar attitudes on a nationwide scale, and well, Perry’s racist bill got the green light this time around. Much to the perpetual shame of a vast majority of Texans.

Anyway, tonight was a win for common sense and common decency, but it was only a partial victory. U.S. District Judge Orlando Garcia didn’t strike down the part of the law which says local LEOs can ask a person about their immigration status.

Nor did he provide any additional clarification about what an officer should do if they determine a person is, in fact, here without proper documentation. They could call federal agents, if they think it’s necessary. Or, they could let that person go along their way. It will be at the officer’s discretion.

And in the parts of Texas where this bill DOES have some support — places like Sen. Perry’s Lubbock, where more than 75 percent of the population is white — I’m willing to bet that “officer discretion” isn’t going to be that discrete to anyone with brown skin.

Think I’m being hyperbolic? Perry’s colleague and fellow state senator, José Rodríguez (D-El Paso), has previously spoken about the time he was detained by federal officials who questioned his immigration status at a Texas airport. Rodriguez, a former migrant farm worker, was at the time serving as the El Paso County attorney.

Another state legislator, Rep. Eddie Lucio, Jr. (D-Brownsville), was once detained as a child. He and his mother were actually deported to Reynosa, Mexico despite the fact that they are both American citizens. Lucio recounted that experience on the House floor during the legislative session.

So, the fight isn’t over. There’s still some life to this bill. But there’s also a shining spark of hope among those fighting for what is right. This evening I watched as members of La Union del Pueblo Entero (LUPE) celebrated the district court’s decision. I have hope yet that justice will indeed prevail.

Links (not embedded in the story because I’m on mobile and lolkinja):

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DISCUSSION (43)

dsigned001 - O.R.C. hunter > Xyl0c41n3
08/31/2017 at 01:41

Just so everyone is aware: about 1/3 of the Texans who fought in the Texas revolution were Hispanic. Keeping “Mexicans” out makes a ton of sense for Texans if by “Mexicans” one means an army led by an imperialist tyrant. But if it means keeping out “Mexicans” as in “people who have brown skin and/or speak Spanish as their first language” it’s nonsensical. There are a ton of tejano families who have been in Texas since before Texas was a country.

Shamoononon drives like a farmer > Xyl0c41n3
08/31/2017 at 02:01

Two facts:
1. Too many people in the world, that’s what’s going to take you down.
2. I’ve had too many beers in my lifetime to have the remotest possibility of being around when it happens.

Berang > dsigned001 - O.R.C. hunter
08/31/2017 at 03:25

Also, for those visiting Texas today, don’t be too surprised when you see a middle aged Latino guy in a cowboy hat, driving a truck with a Trump sticker on it.

pip bip - choose Corrour > Xyl0c41n3
08/31/2017 at 05:37

first of all i’m not trying to pick a fight with you.

surely it would be written in law some where that all LEO are required to detain anyone without proper authorisation to be in the USA, irregardless of how they come into contact with them?

i’m reading this from the arse end of the world in Australia. so yes,i don’t know all the ins & outs of it all.

Xyl0c41n3 > Shamoononon drives like a farmer
08/31/2017 at 06:09

What do you mean by that first part — the “that’s what’s going to take you down” part?

Flamingo83 > pip bip - choose Corrour
08/31/2017 at 08:42

You don’t know America. Yes LEO can detain them but they cannot check every brown person they see for papers. We were not criminals or undocumented immigrants until proven otherwise. In San Antonio, Austin and Houston the cops hate shit like this because it makes their jobs harder and more dangerous.

EL_ULY > dsigned001 - O.R.C. hunter
08/31/2017 at 09:08

Yup, a lot of those traitor-ass chicanos are out there in big trucks along side of them clowning on and complaining about Mexicans. Dark skin, Spanish last name and don’t know a lick of Spanish with their MAGA hat on. A lot of those multi generation chicanos are not very fond of Mexicans. That is probably the number thing that pisses me off the most I think. When a damn Chicano is out there, with a glowing cactus leaf stuck on their forehead, talking shit about Mexicans. Simple things like speaking English to a Mexican even though they know Spanish just to feel superior. Fuck those Chicanos! Every single one! Pinches culeros! I’ve ran into too many of them but still tell them off as brutal as I can.

Oh, but only when it’s convenient, they same shit like, “I can’t be racist because my grandma was from Mexico”

San Antonio is ground zero for this bullshit for sure.

fintail > EL_ULY
08/31/2017 at 09:18

I wonder if any of them are also in it for the religious garbage/trickle down garbage too.

Xyl0c41n3 > EL_ULY
08/31/2017 at 09:19

Internalized racism is real. And you’re right, it’s absolutely infuriating. San Antonio ain’t the only place that’s got people guilty of the “I’ve got mine, so fuck you” racist mentality.

EL_ULY > fintail
08/31/2017 at 09:22

Religion when it’s convenient only. Praise Jesus on Sunday, sexually harassing a coworker on Monday

EL_ULY > Xyl0c41n3
08/31/2017 at 09:36

It really infuriates me Xylo. You know how chill I am, but when that sort of thing happens, I go off on people and do it hard! I’ve brought people to tears during altercations and didn’t let off. Seeing them cry say sorry just pissed me off more! Fuck those peeps. It’s the worst thing to me during all this.

Last time this happened was at a dang Shipley’s in late July. I asked the chicana girl if she spoke Spanish, she rolled her eyes and said, “yeah”. While I was placing my order, she responded in English, smirked, turned at her white co-worker in frustration and giggled. Dude, it was on. It was so on. During my rant, everyone in line got their cameras on me while going off on the girl. She told me that, “I need to get my wetback ass out of here”. Xylo, buddy, by the end of this, she was in tears telling me, “perdon” I just kept telling her, “ni madres pendeja! No que no? Se cree tan gringa la chamaca. Etc. etc.” I don’t give a fuck. That shit is THE worst. Best thing, management just stood there like a true paisana letting her get R3KT.

Ahuevo chingada madre! Toma!

nermal > Xyl0c41n3
08/31/2017 at 09:55

This is good that the bill got shot down - requiring the police to harass innocent US citizens and legal immigrants that aren’t doing anything else wrong in the hopes of finding an illegal immigrant is backwards.

That said, what do you think is the best way to encourage those already in the US to apply for & receive citizenship, while at the same time encouraging those that want to come to the US to do so legally, and discouraging those that want to do so illegally?

Flamingo83 > EL_ULY
08/31/2017 at 10:44

She called you wet back?! Did you talk to corporate? She should not have a job calling people racial slurs!

ITA97, now with more Jag @ opposite-lock.com > pip bip - choose Corrour
08/31/2017 at 10:50

Generally speaking in the US, Federal LEOs are supposed to enforce only federal statues (of which immigration is one of them), while state and local LEOs enforce state statues. This is a separation of the enumerated powers of the federal government, and the reserved powers of the various states. This is supposed to work so that a local police officer, county sheriff or state police officer can not enforce enumerated federal laws like immigration, and an FBI agent, US Marshal or Border Patrol agent can’t pull you over for speeding and write a citation. In exigent circumstances, any police officer or federal agent has a duty to stop a felony in progress, but checking someone’s immigration status is never an emergency, and it usually isn’t relevant to what state and local law enforcement do.

fintail > EL_ULY
08/31/2017 at 11:53

As said by a good bumper sticker: The religious right is neither.

EL_ULY > fintail
08/31/2017 at 12:06

LOL perfect

EL_ULY > Flamingo83
08/31/2017 at 12:11

I drove the 2 miles from that location to corporate. I didn’t go inside. Her manager was there and didn’t attend to her tears. I believe her fate was sealed and the point was made

ZHP Sparky, the 5th > Xyl0c41n3
08/31/2017 at 12:14

Goes back to the whole “sanctuary city” argument. Federal immigration law is something for the feds to figure out. Expecting local cities (or local law going out of their way to try enforcing such laws) is just ridiculously complex.

Sanctuary cities aren’t just getting out there with the sole purposes of sticking it to the USA. It’s more a function of everything you mention – from simply not being equipped to enforce immigration law effectively in a constitutional manner, having the manpower to deal with it, the resources to jail and process people who are arrested – and on top of that, the divide it creates between local LEOs and the community they’re out to protect and serve. Undocumented immigrants are a reality – local LEOs are better off leaving the feds to deal with that, and deal with its citizenry as human beings – to have a community willing to cooperate and work with law enforcement, instead of having various tiers of residents lurking in the shadows.

Contrary to popular belief a majority of undocumented immigrants are peaceful people. They’re not all drug dealers and rapists – and treating them as such only makes it harder for LEOs to fight actual crime. It’s just shocking to me to see how far right even the conservative movement has shifted in its positions towards immigrants in recent years. Listening to even fucking Ronald Reagan he’d be labeled a communist at this rate.

Shamoononon drives like a farmer > Xyl0c41n3
08/31/2017 at 13:42

Not you as a Hispanic, but quality of life as a whole for all.

Nisman > Xyl0c41n3
08/31/2017 at 13:58

Why is this on Oppo?

Maxima Speed > EL_ULY
08/31/2017 at 14:04

Traitors? They’re Americans. It no surely different than a black friend of mine who would be offended if I called him an African-American. One of my coworkers said something to that effect one time and was instantly corrected by my friend, with “I’m an American, that’s all there is to it, I just happen to have different skin color”. I don’t understand why there is a push to let the cultural background of your ancestors define who you have to be. My friend isn’t trying to be “white” or trying to be “black” he is just being his own person.

fhrblig > Nisman
08/31/2017 at 14:06

Because Oppo is an off-topic forum, always has been.

Xyl0c41n3 > Nisman
08/31/2017 at 14:07

Why are you on Oppo ?

From the linked post (emphasis mine):

OppositeLock is an off topic forum for everyone that happens to have a very obvious and intentional leaning toward subjects focused mainly on all things automotive, mechanical and generally of interest to folks who love all manner of contraptions that move. However, that doesn’t limit us to only those topics.

djmt1 > Nisman
08/31/2017 at 14:07

“OppositeLock is an off topic forum for everyone that happens to have a very obvious and intentional leaning toward subjects focused mainly on all things automotive, mechanical and generally of interest to folks who love all manner of contraptions that move. However, that doesn’t limit us to only those topics.”

http://oppositelock.kinja.com/the-revised-handbook-for-posting-on-oppositelock-1532455929

Xyl0c41n3 > Shamoononon drives like a farmer
08/31/2017 at 14:09

And what does quality of life have to do with the racist targeting of nearly 40 percent of Texas’ population?

Xyl0c41n3 > djmt1
08/31/2017 at 14:10

Thank you for your reply. I appreciate it very much.

Xyl0c41n3 > fhrblig
08/31/2017 at 14:10

Thank you for your reply. I appreciate it very much.

EL_ULY > Maxima Speed
08/31/2017 at 14:15

Traitor to their direct roots and a lot of their family still in Mexico. Oh but when it’s convenient, they say they’re Mexican in various occasions. Fuck those Chicanos who talk trash about their people, their race not nationality

yamahog > Shamoononon drives like a farmer
08/31/2017 at 14:40

I’m not quite sure I’m following here either.

DipodomysDeserti > pip bip - choose Corrour
08/31/2017 at 14:40

What would lead a LEO to think someone is in the country without authorization? The answer 99% of the time is skin color, which is both ignorant and illegal.

yamahog > Nisman
08/31/2017 at 14:41

Why didn’t you ask the same on any of the other off topic discussions today?

Future next gen S2000 owner > Xyl0c41n3
08/31/2017 at 14:44

I’ve never understood the show me your papers style laws. Permanent residents are required to carry their green card at all times. Fine. However, US citizens aren’t required to carry any sort of id stating they are such. So, let’s say a person was here illegally and stated to an officer that they were a citizen, there would be no real way to contradict that claim.

I get that you could still be arrested for a different offense and then it would probably come out that you were lying to the cop.

Seems kinda dumb.

Chariotoflove > nermal
08/31/2017 at 14:45

This is the big question that we should all be coming together to answer in this country. I wish we could put all the shouting and name calling aside and address it rationally.

Nisman > Xyl0c41n3
08/31/2017 at 15:16

Fair enough.

Nisman > yamahog
08/31/2017 at 15:16

Because I see enough political opinion articles and Oppo is usually a nice break from politically motivated content.

TorqueToYield > Shamoononon drives like a farmer
08/31/2017 at 15:22

Too few US citizens reproducing, that’s what’s going to take us down. Fun facts: GDP growth is tightly linked to population growth. Nearly all US population growth for the next 50 years is predicted to come from immigrants. Population growth of current citizens (minus 1st generation immigrants) is actually negative. Without immigrants the US shrivels and dies.

yamahog > Nisman
08/31/2017 at 15:25

You seem to be answering a different question than the one I asked, but I think you’ve gotten the point by now.

Shamoononon drives like a farmer > TorqueToYield
08/31/2017 at 15:37

That’s a huge problem!!! Yes, right now everyone expects more people to exist than when they were in the work force so that their retirement is paid for. Instead of fixing how our economy works, how retirement is funded, etc, we just want to keep plowing down more land and stocking it with more people.

Educated people don’t have as many children (not non immigrants). For many reasons! Perhaps education, knowledge of cost, other aspirations? I don’t know.

Out of all the things though, let’s keep pushing population numbers as high as we can get them, that’ll work out great.

Jayhawk Jake > Nisman
08/31/2017 at 15:39

Don’t like it? Don’t click it.

I don’t like Volvos, but instead of complaining I just scroll past.

Shamoononon drives like a farmer > Xyl0c41n3
08/31/2017 at 15:49

What does it have to do with the SB4 thing? Nothing. I just posed a political opinion on a political article. Lots of political things going on lately.

Xyl0c41n3 > Shamoononon drives like a farmer
08/31/2017 at 16:01

Ah cool, so just your average non sequitur type shit stirring.

I’d thank you kindly if, in the future, you’d keep yourself off my posts unless you have something relevant to say, because this isn’t the first time you’ve done this.

Shamoononon drives like a farmer > Xyl0c41n3
08/31/2017 at 16:10

Just as you’re free to post political opinions (and become disgruntled when folks complain), I am free to reply non sequitur. Seeing that these kind of posts get so over heated though I’ll be happy to stay off.

Xyl0c41n3 > Shamoononon drives like a farmer
08/31/2017 at 16:16

Thanks. (See? I said I’d thank you). Have a pleasant day.