Paxton's office said it will immediately begin enforcing the portion of the law cleared by the court that mandates compliance with Immigration and Customs Enforcement detainers. "We're not going to follow the law, ' must either take it back to the 5th Circuit asking for a re-hearing or to the Supreme Court, which both may be unlikely", said New Orleans attorney Robert Jenkins.
In reaction to the ruling, Austin City Council Member Greg Casar, whose district covers parts of North and Northeast Austin and has the largest immigrant population in the city, called on the council to pass a policy that will protect the civil rights of immigrants.
Hernandez is an elected Democrat who had announced on the day of President Donald Trump's inauguration that her jails would no longer comply with all detainer requests.
A federal appeals court has allowed some aspects of Texas's anti-Sanctuary City bill-SB4-to go forward.
Wice filed a writ last week arguing the Fifth Court of Appeals decision could have a chilling effect throughout the Texas judicial system by eliminating the discretion judges have to pay appointed lawyers more for handling cases with special circumstances.
One of the main parts of the law requires Texas police and sheriffs to honor requests from federal immigration agents to hold people who are suspected of being in the country illegally and are in jail for reasons other than immigration. Thus, any police officers, chiefs or sheriffs who violate that provision-and refuse ICE detainer requests-will now be subject to criminal penalties. The major cities that were plaintiffs in the suit said they were abiding by all legal USA detainer requests. Republican Texas Attorney General Ken Paxton said the decision would allow the state to "enforce the core" of the law while opponents predicted that the actual effect would be limited.
San Antonio federal District Judge Orlando Garcia blocked implementation of most on SB 4 on August 30, ruling that several portions of the law violated the First and Fourth amendments while other parts were pre-empted by federal law.
But Paxton's office said the ruling was straightforward: All detention requests placed on local inmates suspected of illegal immigration must be honored.
Where this term appears elsewhere in the law, the court upheld the lower court's injunctions, so Texas is still blocked from implementing the provision that prohibits local agencies and campus police from adopting policies that "materially limit" immigration enforcement. The plaintiffs say the law could lead to racial profiling and make cities less safe because immigrants would be afraid to report crimes.
Casar said he would ask City Council to pass a policy "protecting the civil rights of all people - especially immigrants - under the state's unsafe new policing regime".