SB4 continues its path through the court system

SB4 continues its path through the court system

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LUBBOCK, Texas -

The Fifth Circuit Court of Appeals will allow certain parts of Senate Bill 4 to go into effect. SB4 was originally intended to go into effect on September 1. The Fifth Circuit will allow local police to assist and cooperate with Immigration and Customs Enforcement agents.

The court also upheld the bill's mandate that jails have to comply with ICE detainers.

"That means that every single county in the state has to fulfill, has to honor, and has to comply with the immigration detainers and has to cooperate with federal authorities in regards to immigration," said Immigration Attorney Paola Ledesma. 

A day before this law was scheduled to go into effect, District Judge Orlando Garcia from San Antonio temporarily halted parts of the law. Garcia blocked local law enforcement entities from practicing immigration law and the detainer mandate.

While the appeals court allowed some portions it did block others.The judges ruled against the penalty portions of the measure, which means the state can't fine, remove or jail any law officers or local leaders that don't comply.

"We know as Texas goes, we typically get defeated in the lower courts and then once it gets to fifth courts where you get a truly constitutional look, that's when we usually win those battles so this was not a surprise," said Senator Charles Perry, 

A final hearing is scheduled for November 6 so the Fifth Circuit Court of Appeals can hear the state's appeal. Senator Perry said he's confident the court will find this law to be constitutional. 

The fate of this law is still pending.

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