It become readily apparent that the law is only as good as those that believe it is in the best interest of the civil society in which the law exists. That the law for illegal immigrants that commit crimes against the people, the citizens of society is to be ignored, begs the common sense and good logic of those that are charged to inforce those particular laws.
That organized and elected officials will take it upon them selves to personally decide the law, as it was formulated, written and voted on and passed by the people's representatives no longer is valid assumes a power not found in the great state of Texas or the Constitution of the Untied States.
The sanctuary polices of certain city officials are ideology and therefore, in the light of laws that have gone before, these personal agendas to make policy is corrupting the law and therefore must not stand. This court decision is a good first step to being law and order back to reality. That the appeals court will follow through in the finale decision is the hope for common sense and the law will prevail.
Texas Wins the Second Round on Sanctuary Cities
Hans von Spakovsky / @HvonSpakovsky /
Texas has just won the second (procedural) round in the fight over the state Legislature’s attempt to punish cities that implement sanctuary policies. A three-judge panel of the 5th U.S. Circuit Court of Appeals temporarily stayed on Monday key portions of the injunction issued in September by a federal judge in San Antonio that prevented the state from implementing major parts of the law.
As explained here, the 2017 statute applies to illegal aliens arrested or otherwise lawfully detained by local law enforcement. The core parts of the law ban Texas cities from prohibiting or “materially limit[ing]” local law enforcement from:
According to the appeals court, the lower court judge misinterpreted federal law when he enjoined the Texas provision on cooperation and assistance with federal immigration authorities. The statute he cited, 8 U.S.C. §1357(g), actually “provides for such assistance.”
So Texas can “prohibit” local jurisdictions from engaging in such behavior, although the injunction remains in place on the phrase “materially limits” because that phrase needs “clarifying.” But being able to “prohibit” gives Texas what it needs in order to stop these sanctuary policies.
The appeals court also threw out the injunction on the section of the Texas law that requires local law enforcement to “comply with, honor, and fulfill” any immigration detainer request issued by U.S. Immigration and Customs Enforcement (ICE). The 5th Circuit panel noted that local jurisdictions would not have to comply with a detainer request if the detainee “provide[s] proof” of lawful immigration status. Further, unlike the view of the lower court judge, this provision of the Texas law only “mandates that local agencies cooperate according to existing ICE detainer practice and law.”
This means that the most important provisions of the Texas statute that are intended to stop sanctuary policies from being implemented locally are still in force, and will remain in force until the 5th Circuit issues a decision on the merits. That is vital to the public safety of the citizens of Texas.
Sanctuary policies create sanctuaries for criminals.
According to PJ Media, an unreleased internal report from the Texas Department of Public Safety revealed that from 2008 to 2014, criminal aliens committed over 600,000 crimes in the state, including almost 3,000 murders. Yet cities like Dallas and Austin, which are among the challengers in this litigation, are telling their residents that they would rather release criminal illegal aliens who have been convicted of crimes such as assault, burglary, sexual assault, theft, and even homicide into their local communities (where they can victimize even more people) than call federal immigration authorities so that they can be picked up and deported.
As Texas Attorney General Ken Paxton said, “Enforcing immigration law helps prevent dangerous criminals from being released into Texas communities.” We can only hope the 5th Circuit realizes this when issuing its final decision on this Texas law.
That organized and elected officials will take it upon them selves to personally decide the law, as it was formulated, written and voted on and passed by the people's representatives no longer is valid assumes a power not found in the great state of Texas or the Constitution of the Untied States.
The sanctuary polices of certain city officials are ideology and therefore, in the light of laws that have gone before, these personal agendas to make policy is corrupting the law and therefore must not stand. This court decision is a good first step to being law and order back to reality. That the appeals court will follow through in the finale decision is the hope for common sense and the law will prevail.
Texas Wins the Second Round on Sanctuary Cities
Hans von Spakovsky / @HvonSpakovsky /
Texas has just won the second (procedural) round in the fight over the state Legislature’s attempt to punish cities that implement sanctuary policies. A three-judge panel of the 5th U.S. Circuit Court of Appeals temporarily stayed on Monday key portions of the injunction issued in September by a federal judge in San Antonio that prevented the state from implementing major parts of the law.
As explained here, the 2017 statute applies to illegal aliens arrested or otherwise lawfully detained by local law enforcement. The core parts of the law ban Texas cities from prohibiting or “materially limit[ing]” local law enforcement from:
- Notifying federal immigration officials that an illegal alien has been arrested.
- Cooperating with immigration authorities (including honoring detainer warrants on illegal aliens issued by federal authorities).
- Allowing federal immigration officers to enter local jails to conduct investigations of criminal illegal aliens.
- The lower court federal judge had enjoined Texas from implementing the second and third provisions. However, the 5th Circuit issued a stay of that portion of the injunction.
According to the appeals court, the lower court judge misinterpreted federal law when he enjoined the Texas provision on cooperation and assistance with federal immigration authorities. The statute he cited, 8 U.S.C. §1357(g), actually “provides for such assistance.”
So Texas can “prohibit” local jurisdictions from engaging in such behavior, although the injunction remains in place on the phrase “materially limits” because that phrase needs “clarifying.” But being able to “prohibit” gives Texas what it needs in order to stop these sanctuary policies.
The appeals court also threw out the injunction on the section of the Texas law that requires local law enforcement to “comply with, honor, and fulfill” any immigration detainer request issued by U.S. Immigration and Customs Enforcement (ICE). The 5th Circuit panel noted that local jurisdictions would not have to comply with a detainer request if the detainee “provide[s] proof” of lawful immigration status. Further, unlike the view of the lower court judge, this provision of the Texas law only “mandates that local agencies cooperate according to existing ICE detainer practice and law.”
This means that the most important provisions of the Texas statute that are intended to stop sanctuary policies from being implemented locally are still in force, and will remain in force until the 5th Circuit issues a decision on the merits. That is vital to the public safety of the citizens of Texas.
Sanctuary policies create sanctuaries for criminals.
According to PJ Media, an unreleased internal report from the Texas Department of Public Safety revealed that from 2008 to 2014, criminal aliens committed over 600,000 crimes in the state, including almost 3,000 murders. Yet cities like Dallas and Austin, which are among the challengers in this litigation, are telling their residents that they would rather release criminal illegal aliens who have been convicted of crimes such as assault, burglary, sexual assault, theft, and even homicide into their local communities (where they can victimize even more people) than call federal immigration authorities so that they can be picked up and deported.
As Texas Attorney General Ken Paxton said, “Enforcing immigration law helps prevent dangerous criminals from being released into Texas communities.” We can only hope the 5th Circuit realizes this when issuing its final decision on this Texas law.
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