A FEDERAL JUDGE HAS RULED IN FAVOR OF A PRELIMINARY
INJUNCTION AGAINST TEXAS'S TOUGH SANCTUARY CITIES LAW.
SENATE BILL FOR WHICH IS THE LAW IN QUESTION ESSENTIALLY
FORCES POLICE OFFICIALS TO ASK INDIVIDUALS THAT THEY SUSPECTED
OF BEING UNDOCUMENTED IMMIGRANTS FOR THEIR PAPERWORK TO PROVE
THAT THEY ARE IN THE COUNTRY LEGALLY AND IT HAS A NUMBER OF
OTHER ELEMENTS THAT THIS FEDERAL JUDGE DEEMED UNCONSTITUTIONAL.
IT DOESN'T MEAN HE HAS COMPLETELY BLOCKED IT, IT JUST
MEANS
THAT THERE WILL BE A STAY OR PRELIMINARY INJUNCTION AND
TELL THIS CASE BEARS OUT IN COURT.
SO I WANT TO
STOP THERE FOR A 2ND.
WHEN WE TALK ABOUT SANCTUARY CITIES, THE WAY THAT IT IS
OFTEN DISCUSSED IN THE MEDIA IS MISLEADING.
IT MAKES IT SEEM AS THOUGH IN SANCTUARY CITIES, LOCAL
COPS REFUSE TO WORK WITH ICE OFFICIALS OR FEDERAL AGENTS
BUT THAT IS ACTUALLY NOT THE CASE.
WHAT ICE AGENTS ASK FOR IS A CERTAIN MUNICIPALITIES TO
DETAIN PEOPLE FOR AN INDEFINITE OF TIME UNTIL THEY CAN
PROVE THAT THE INDIVIDUAL IS IN THE COUNTRY ILLEGALLY.
THAT TAKES A CONSIDERABLE AMOUNT OF RESOURCES.
OUR PRISON SYSTEM AND OUR JAILS ARE OBVIOUSLY OVERFULL AND
SO CERTAIN CITIES HAVE SUIT AGAINST THAT BECAUSE THEY
ARE LIKE WE CAN'T JUST DETAIN PEOPLE INDEFINITELY.
THIS IS A MAKE SENSE.
THERE ACTUALLY SEVERAL DIFFERENT COMPONENTS.
CENTURY CITY IS NOT A REAL DESIGNATION SO THERE IS NOT
A DESIGNATION FOR AND THE FEDERAL GOVERNMENT.
SOME OF THE THINGS THAT THEY DO I TOTALLY AGREE WITH IN
TERMS OF SIX WERE A CITIES.
SOME I AM LESS SURE ABOUT.
FOR EXAMPLE, THEY SAY WE'RE NOT GOING TO PULL PEOPLE OVER
LIKE SHERIFF JOE ARPAIO DID IN TEXAS AND ASK FOR THE PAPERS.
IT'S ON OUR JURISDICTION TYPE THEY ARE IN THE COUNTRY AND
COUNTRY LEGALLY THAT IS A FEDERAL CASE NOT A STATE OR
LOCAL.
2ND OF ALL, WE CAMP WILL PEOPLE OVER AND LET ME HAVE SOME
SORT OF PROBABLE CAUSE AND YOU LOOK LATINO IS NOT PROBABLE
CAUSE SO THAT IS WHAT YOU CALL A CENTURY CITY WERE THEY
DIRECT THEIR COPS NOT TO BE RACIST, GREAT.
I LOVE IT I'M TOTALLY IN FAVOR OF IT.
THERE ARE OTHER PARTS OF WHAT THEY CALL CENTURY CITY WERE
SOMETIMES ICE WILL SAY YOU ARRESTED THAT GUY ON A
DIFFERENT CHARGE BUT WE HAVE REASON TO BELIEVE HE IS IN
THE COUNTRY ILLEGALLY.
HOLD HIM.
THAT IS RIGHT IS TO BE A TOUGHER ISSUE.
PROBABLY WAY AND WAS REFERRING TO THEIR BECAUSE LOOK, THAT IS
YOUR JURISDICTION NOT MINE AND I DON'T WANT MY TAXPAYERS PAYING
FOR IT AND PLUS, ONE OF THE THINGS THAT HAPPENS IS IF YOU
TURN THE LOCAL COPS AND ICE OFFICIALS THEN THE PEOPLE IN THE
AREA ARE MORE RELUCTANT TO TALK TO THE COPS AND REPORT CRIMES.
IT'S ACTUALLY THE COPS IN THOSE CITIES WHO SAY NO, WE DON'T WANT
TO HOLD, SERVE AS A HOLDING PEN FOR ICE BECAUSE THAT IS
COUNTERPRODUCTIVE TO OUR INTERESTS AS LOCAL POLICE
OFFICERS.
TO BE HONEST WITH YOU IT IS COUNTERPRODUCTIVE FROM US
EVERYONE'S INTEREST WITH THE EXCEPTION OF PEOPLE WHO
HAVE ABSOLUTELY NO COMPASSION FOR ANYONE.
WHAT I MEAN BY THAT IS THEY HAVE REASON TO BELIEVE THAT THAT
INDIVIDUAL MIGHT BE IN THE COUNTRY ILLEGALLY, RIGHT?
THEY ASKED ME CITIES IN THESE COPS TO DETAIN THESE PEOPLE
INDEFINITELY UNTIL THEY GET AROUND TO INVESTIGATING THE
SITUATION.
IT TAKES A LONG TIME TO INVESTIGATE THE SITUATION
OR GET TO THAT PARTICULAR CASE AND WHAT IF THAT PERSON IS IN
THE COUNTRY LEGALLY AND IN A LOT OF CASES, THAT IS WHAT HAPPENS.
AT THE FEDERAL GOVERNMENT DID THIS RIGHT THEN WE WOULD
HAVE A LOT LESS OF AN ISSUE.
MY PROPOSAL WOULD BE, LISTEN, IF YOU THINK SOMEONE IS IN THE
COUNTRY ILLEGALLY AND THEIR SENTENCES UP AT A LOCAL
LEVEL, GO GET THEM.
PUT THEM IN A FEDERAL HOLDING FACILITY AND BY THE WAY,
GIVE THEM DUE PROCESS WHICH INCLUDES A SPEEDY TRIAL.
IF YOU THINK THAT THEY HAVE BROKEN THE LAW OR THEY ARE
HERE ILLEGALLY, THEN HURRY UP AND HANDLE THAT IN A
CONSTITUTIONAL WAY.
IF YOU SAY I WOULD JUST LIKE TO BE ABLE TO HOLD SOMEBODY
WHETHER THEY WERE POSITIVE OR NOT THAT THEY ARE LIVING IN
THE COUNTRY ILLEGALLY AND I WOULD LIKE A LONG TIME AND
I DON'T WANT TO PAY FOR IT, YOU PAY FOR IT.
THAT MAKES NO SENSE AT ALL.
NOW IN TEXAS PASSES A LAW SAYING THE CITIES ARE NOT ALLOWED TO DO
ANY OF THIS.
THEY MUST FOLLOW THE ORDERS OF THE FEDERAL GOVERNMENT EVEN
THOUGH THAT IS NOT THEIR JURISDICTION AND IF THEY
DON'T, WE ARE GOING TO PUT THOSE COPS IN PRISON.
WAY, I THOUGHT YOU GUYS WERE FOR COPS.
IT'S AMAZING.
THE COPS COULD POTENTIALLY FACE CRIMINAL CHARGES OF THEY REFUSE
TO COMPLY UNDER THIS LAW AND THEN THE OTHER PART OF IT IS
EVEN IF IT'S AN ELECTED OFFICIAL WHO REFUSES TO COMPLY WITH WHAT
FEDERAL OFFICIALS WANT, THAT ELECTED OFFICIAL COULD BE TAKEN
OUT OF OFFICE BASED ON THE WORDING OF THIS LAW AND SO THE
FEDERAL JUDGE IN THIS CASE WHO DECIDED TO ISSUE THIS
PRELIMINARY INJUNCTION WAS LIKE YEAH, THERE'S A LOT OF
UNCONSTITUTIONAL COMPONENTS HERE AND AS A RESULT, I AM GOING TO
GO AHEAD AND PAUSE UNTIL THIS CASE BEARS OUT IN COURT.
KEEP IN MIND THERE WERE SEVERAL CITIES WITHIN TEXAS THAT
SUIT AGAINST THE SENATE BILL.
THAT INCLUDED HOUSTON, AUSTIN, SAN ANTONIO, AND DALLAS.
MANNY FERNANDEZ FOR THE NEW YORK TIMES WRITES:
THERE IS A FIRST AMENDMENT ISSUE HERE AS WELL BECAUSE THE FEDERAL
GOVERNMENT IS OBVIOUSLY ATTEMPTING TO TAKE ACTION
AGAINST LOCAL GOVERNMENT OVER A DIFFERENCE IN POLITICAL OPINION.
I KNOW THAT THE RIGHT WING IS GOING TO SUPPORT THE JUDGE
BECAUSE THEY COULD HEAR CARE DEEPLY ABOUT FREEDOM OF SPEECH
SO WHEN ONE OF THEIR OWN WANTS TO GET PAID A LOT OF MONEY TO
SPEAK ON A COLLEGE CAMPUS, THAT IS A FREEDOM OF SPEECH ISSUE.
WHEN NAZIS MARK MARCH IN CHARLOTTESVILLE THAT IS A
FREEDOM OF SPEECH ISSUE.
WHEN LOCAL COUNSEL AND HAVE THEIR FREEDOM OF SPEECH,
NO, WE ARE AGAINST COPS AND WE WANT THEM SPEAK.
THAT IS A CONSERVATIVE POSITION IN TEXAS AND A FEDERAL
JUDGE HAS SAID NO, THAT IS UNCONSTITUTIONAL.
EXACTLY.
IN FACT I WANT TO READ YOU HIS QUOTE BECAUSE I
THINK
IT IS IMPORTANT AND IT GIVES YOU A SENSE OF WHERE HE IS
COMING FROM.
JUDGE GARCIA WRITES:
DAMN.
I'M SURE THE RIGHT WING WILL TURN AROUND NOW AND SAVE
BLUE LIVES MATTER, BLUE SPEECH MATTERS AND LET'S PROTECT
THE LOCAL COPS AGAINST THIS OVERREACH BY THE STATE
GOVERNMENT.
WE WILL SEE ABOUT THAT.
LOOKING FORWARD TO YOUR AGREEMENT ON THIS ISSUE.
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