Another lawsuit challenges Texas' SB4 immigration law

McALLEN, Texas (Border Report) — Another civil rights organization has filed a lawsuit challenging Texas' controversial new immigration law SB4 from taking effect.

La Union del Pueblo Entero (LUPE), which is based in the Rio Grande Valley of South Texas on Tuesday sued Texas Gov. Greg Abbott, alleging the new law violates the Constitution and is a breach of the state's role regarding immigration.

SB4-- passed last year during a special session of the Texas Legislature and signed in December by Gov. Greg Abbott -- would allow any Texas peace officers to arrest and detain people they suspect of being in the country illegally.

Municipal and state judges would decide the cases, not federal immigration judges, and they could rule to deport the defendant. In that case, law enforcement could be tasked with driving the person to the border and forcing them to walk over an international bridge to Mexico.

The new law seeks to make illegally crossing the border a Class B misdemeanor. It carries a punishment of up to six months in jail. Repeat offenders could face a second-degree felony and could face two to 20 years in prison.

On Tuesday, the U.S. Supreme Court extended a temporary stay they had issued earlier this month to prevent the implementation of SB4 while they study the law.

The ACLU, ACLU of Texas, and the Texas Civil Rights, filed a lawsuit to stop the law from taking effect. The Department of Justice also sued to stop the law.

The 5th U.S. Circuit Court of Appeals ruled in favor of allowing police to start enforcing SB4. This was after U.S. District Judge David Ezra in Austin blocked SB4 from going into effect, saying the law “threatens the fundamental notion that the United States must regulate immigration with one voice.”

The same day that Supreme Court Justice Samuel Alito extended the stay until Monday, LUPE filed its lawsuit in Austin.

The Mexican American Legal Defense and Educational Fund (MALDEF) is representing LUPE in the lawsuit.

Fátima Menéndez is the lead counsel in the lawsuit. On Wednesday she told Border Report that they are suing because LUPE believes Texas is interfering with the federal immigration system, and they allege it violates the Constitution.

The lawsuit alleges SB4 violates the Fourth Amendment, which forbids unnecessary search and seizure; as well as the Eighth Amendment, which protects against cruel and unusual punishment.

"We argue that SB4 is unlawful because it violates the U.S. Constitution by stepping into a role of the federal government to regulate immigration and that it interferes with the federal immigration system already in place," Menéndez said.

"The Fourth Amendment protects against unconstitutional arrests of people. But SB4 would authorize state officers to carry out these types of arrests of people whom they suspect of being non-U.S. citizens," she said.

"Under SB4, Texas state and local officials are empowered to arrest, detain, prosecute, and incarcerate individuals for immigration related offenses, and order the removal of the individuals from the United States," she said.

Civil rights groups fear that asylum seekers who are already in immigration proceedings, but might be encountered without their papers, "could still be caught in the net of SB4," arrested and deported.

Three weeks ago, a Know Your Rights workshop was held in the South Texas town of San Juan, co-sponsored by LUPE. Organizers advised residents that if SB4 is implemented, they have the right, if stopped, to not answer any questions.

If they are operating a vehicle, however, they must present documents as requested by a peace officer.

They also are advised to not give false information under any circumstance.

Sandra Sanchez can be reached at SSanchez@Borderreport.com.