Immigration

Federal appeals court schedules Wednesday hearing on SB4

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Reactions to the Supreme Court ruling on Texas’s controversial immigration law range from celebration to outrage. The high court decided that Texas could enforce SB-4 while an appeals court considered its constitutionality. The Fifth Circuit Appeals Court scheduled hearings for Wednesday morning in New Orleans. NBC 5’s Meredith Yeomans has more.

On Tuesday afternoon, the Supreme Court of the United States gave Texas the green light to enforce Senate Bill 4. The ruling comes just one day after SCOTUS extended the injunction on SB4.

Under SB4, state and local police have the right to question, arrest, and charge undocumented immigrants suspected of crossing the border illegally.

Oral arguments in the case were scheduled for later this month in the 5th Circuit Court of Appeals in New Orleans.

But late Tuesday, the Court fast-tracked the issue and scheduled a Zoom hearing for Wednesday morning.

A post on X by Governor Greg Abbott said in part, "We still have to have hearings in the 5th circuit federal court of appeals. But this is clearly a positive development."

The decision comes despite the Biden administration's argument that this is the job of federal authorities.

Meanwhile, North Texas law enforcement leaders in Dallas and Fort Worth promise their officers won't infringe on civil rights, which is a major concern for those opposing the new law.

"Although we will always follow the law, the primary responsibility for immigration enforcement and border protection should be left to federal and state partners," Fort Worth Police Chief Niel Noakes said. "In light of the vibrant growth of our city, and diversity of our communities, our department remains unwavering in its commitment to community policing and making Fort Worth the safest city in the country for all who call this community home."

Dallas Police Chief Eddie Garcia said in a statement, in part, "The Department cannot prohibit or limit the enforcement of immigration laws; however, residents of Dallas, victims, and witnesses should continue to feel confident in working with the Dallas Police Department."

"Until we have more clarification on the law, update Dallas Police Department’s procedures and General Orders, and provide additional training to ensure the protection of individuals’ civil rights, we will adhere to the current General Orders. Reducing and preventing violent crime in the City of Dallas remains the top priority of the Dallas Police Department," the statement read.

In a virtual press conference Tuesday afternoon, LULAC responded to the SCOTUS ruling on SB4.

"We are extremely disappointed over the U.S. Supreme Court decision today," Domingo Garcia, president of LULAC said. "We believe this law is unconstitutional. It's un-Christian, immoral, and un-Texan. Texans don't treat people this way."

Still, conservative leaders like Texas House Speaker Dade Phelan applaud SCOTUS ruling in favor of Texas.

"I think the bill was written correctly, and I think it passes constitutional muster," Phelan said. "I think it's the right policy for the State of Texas. We have to have a secure border."

Advocacy groups, however, said there is growing concern about racial profiling.

"LULAC will announce a statewide 'know your rights' program for anybody stopped," Garcia said.

SB4 also allows for state judges to order a migrant to be deported to Mexico regardless of nationality.

"You should not sign any documents including deportation documents or any documents forced onto you by a judge until you have an attorney present."

DPS announced it is not ready to begin enforcement of SB4 and has no start date in place.

Tonight, Mexico’s Foreign Affairs Secretary condemned the law saying it violates the human rights of the migrant community.

Officials said Mexico will not accept any deportations from Texas.  

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