Chief U.S. District Judge Orlando Garcia in San Antonio's
federal court found the Texas legislation was unlikely to
withstand constitutional scrutiny.
The judge's ruling temporarily blocks part of the law that would
require local law enforcement agencies in Texas to fulfill
requests by U.S. immigration agents to hold immigrants in their
jails until they can be picked up for deportation.
It also strikes down a provision that would have prevented local
officials from adopting policies that might limit immigration
enforcement in the state.
"The court cannot and does not second-guess the legislature,
Garcia wrote in a 94-page decision. "However, the state may not
exercise its authority in a manner that violates the United
States Constitution."
The decision in Texas could have ramifications nationwide as
other Republican-controlled states are looking at legislation
targeting sanctuary cities, which they say illegally shield
immigrants.
The Texas law, which takes aim at any jurisdiction that refuses
to cooperate with federal immigration authorities, is considered
one of the toughest anti-illegal immigration efforts in the
country.
The ruling will make Texas communities less safe, Texas Governor
Greg Abbott, a Republican, said in a statement.
"This decision will be appealed immediately and I am confident
Texas' law will be found constitutional and ultimately be
upheld," he added.
It was the first law of its kind passed since President Donald
Trump took office in January, pledging to crack down on illegal
immigration.
The American Civil Liberties Union challenged the Texas measure
in a lawsuit on behalf of some local jurisdictions in the state.
"The court was right to strike down virtually all of this
patently unconstitutional law," Lee Gelernt, deputy director of
the ACLU's immigrant rights project, said in a statement.
The impending law added to the anxiety felt by some illegal
immigrants forced to evacuate their flooded homes in Houston
after Hurricane Harvey struck southeast Texas.
Nevertheless, federal agents are not enforcing immigration law
at evacuation sites, shelters or food banks where people
affected by flooding are seeking aid, U.S. Immigration and
Customs Enforcement said in a statement on Wednesday.
Some police chiefs have said forcing local police to work with
U.S. immigration agents undermines community trust, making
immigrants less likely to report crimes.
"This week's crisis with Hurricane Harvey is just the most
recent example why people need to feel safe approaching our
local police and support groups, no matter what," Steve Adler,
mayor of Texas' state capital Austin, said in a statement.
(Reporting by Jon Herskovitz in Austin and Alex Dobuzinskis in
Los Angeles, Additional reporting by Jim Forsyth in San Antonio
and Joseph Ax in New York,; Editing by Sandra Maler Simon
Cameron-Moore)
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