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Public Safety

State of Texas
Texas Attorney General's Office
News Release
Monday, September 25, 2017

AG Paxton: 5th Circuit Sides with Texas on Senate Bill 4 


AUSTIN – Attorney General Ken Paxton today praised a unanimous 3-to-0 decision by the U.S. Court of Appeals for the 5th Circuit that allows Texas to enforce the core provisions of Senate Bill 4 while the state appeals a lower court ruling that blocked the law banning sanctuary cities from taking effect September 1. Senate Bill 4 affirms the right and duty of law enforcement agencies throughout Texas to detain individuals pursuant to the U.S. Immigration and Customs Enforcement (ICE) federal detainer program.


“We are pleased today’s 5th Circuit ruling will allow Texas to strengthen public safety by implementing the key components of Senate Bill 4,” Attorney General Paxton said. “Enforcing immigration law helps prevent dangerous criminals from being released into Texas communities. I am confident Senate Bill 4 will be found constitutional and ultimately upheld.”


In a unanimous opinion, the 5th Circuit found that Senate Bill 4’s requirement that local governments comply with federal immigration detainer requests should take effect.


Earlier this year, the Texas Legislature passed Senate Bill 4 to allow local law enforcement to cooperate with the federal government in enforcing the nation’s immigration laws. But a U.S. District Court in San Antonio granted a preliminary injunction of Senate Bill 4 on August 30, just two days before it was scheduled to take effect.


View the 5th Circuit ruling here:  

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