Texas Governor Greg Abbott has signed into law Senate Bill 4 (SB4), one of the toughest state immigration bills in recent American history. The new law changes the way Texas handles migrants, but there is growing concern about its constitutionality. Denise Gilman, co-director of the Immigration Clinic at the University of Texas School of Law, spoke with CBS News to shed light on the implications of SB4.
Under SB4, local authorities in Texas are required to comply with federal immigration officials and can face heavy penalties for failing to do so. The law allows law enforcement officers to question the immigration status of anyone they detain or arrest, including during routine traffic stops. It also targets so-called sanctuary cities by allowing the removal of local officials who refuse to cooperate with federal immigration authorities.
Critics argue that SB4 violates the Constitution in several ways. They contend that it infringes on the right to due process and equal protection under the law by allowing racial profiling and indiscriminate questioning of individuals’ immigration status. Opponents also claim that the law could hinder community trust in law enforcement, as migrants may fear reporting crimes or cooperating with investigations.
According to Denise Gilman, SB4 raises serious concerns about constitutional rights. She points out that the law could lead to racial profiling and argues that it conflicts with federal immigration policies. They explain, The Constitution assigns authority over immigration enforcement to the federal government, and SB4 exceeds the state’s boundaries by effectively establishing its own immigration system.
Supporters of the law assert that it is necessary for public safety and national security. They argue that local jurisdictions should cooperate fully with federal immigration officials in order to identify and remove criminals who are in the country illegally. Proponents also contend that the law will discourage illegal immigration by creating a hostile environment for undocumented individuals, compelling them to leave the state.
As the debate over the constitutionality of SB4 continues, civil rights groups and some local governments have filed legal challenges, asserting that the law violates individuals’ rights. The courts will ultimately determine whether SB4 can stand as law or be deemed unconstitutional.
The implementation of SB4 in Texas has far-reaching repercussions for immigration enforcement policies nationwide. Many states are closely watching the outcome of legal challenges to determine the future of their own immigration laws. As the legal battles unfold, it remains to be seen how SB4 will shape the landscape of immigration policy and the lives of migrants in Texas and beyond.
