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Local jurisdictions react to federal judge blocking Texas immigration law

SB4 allows state and local police to arrest anyone suspected of being in Texas illegally, also giving the state power to return them to Mexico.

KLEBERG COUNTY, Texas — After Senate Bill 4 was blocked by a federal judge on Thursday in Austin, Coastal Bend jurisdictions weighed in.

It is an immigration law that would give state officials power to arrest and jail illegal migrants in Texas. The border bill was signed into law last December and makes illegal entry into Texas from a foreign nation a state crime, which would be a Class B misdemeanor with up to six months in jail.

SB4 allows state and local police to arrest anyone suspected of being in Texas illegally and also gives the state power to return them to Mexico. It was originally set to take effect on March 5, until a federal judge stepped in on Thursday.

"Regardless of whether there's a, this senate bill's been blocked, you know, we still have a job to do," Kleberg County Sheriff Richard Kirkpatrick said. "We still have to contend with this ongoing issues every single day because of our close proximity to the border."

Kirkpatrick said SB4 being blocked is disheartening news, since immigration issues have continued for years. While many think those issues are further away, he said they are also in the Coastal Bend. He explained other sheriffs share his sentiment about the ongoing problem, and Thursday's blocking of SB4 dealt a blow. 

"We have it knocked down by a federal magistrate, which ok, we're going to accept that, we're going to move forward," Kirkpatrick said. "But again, the programs don't go away." 

Kirkpatrick said SB4 can help but there is more to it, such as issues about where to detain and house migrants since many sheriffs do not have the space for them. He added that many do not realize it is not just people crossing the border illegally but also drugs like fentanyl.

Meanwhile, Brooks County Attorney David Garcia said SB4 is unconstitutional, and it was appropriate to block it.

"It may sound great, 'Ya, we're going to go enforce immigration.' How are you going to do it? There's no money for it and there's not enough policemen to do it—even if it was legal," Garcia said. 

Garcia added that since counties have their own funding, it would be harder to enforce immigration along with other laws like DWI's, domestic violence and more. He explained that SB4 means Texas is trying to criminalize immigration to enforce immigration laws, and that constitutionally it is within federal jurisdiction, not state.

"Yes, there's an immigration problem, and yes, we've got to cooperate and get it done, but we need to do it within our laws," Garcia said.

Garcia added that because SB4 was blocked, Texas will not enforce that law for now. As for Operation Lone Star, he said that is different since it is enforcing state statutes within its authority for trespassing.

    

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