By: Stacey Lennox – themaven.net – March 14, 2018

A federal appeals court ruled that the majority of Texas law banning sanctuary cities can be implemented for now.

Today a federal appeals judge ruled most of the Texas law outlawing sanctuary cities within the state can be implemented while the legal challenge continues in a lower court. Governor Abbott decided to share the good news:

Greg Abbott @GregAbott_TX

BREAKNG: Texas Ban on Sanctuary City Policies upheld by Federal Court of Appeals. Allegations of discrimination were rejected. Law is in effect.

This means individual cities and municipalities will no longer be able to refuse ICE detainer requests. The three judge panel wrote:

The ‘comply with, honor, and fulfill’ requirement does not require detention pursuant to every ICE detainer request,” the panel wrote. “Rather, the ‘comply with, honor, and fulfill’ provision mandates that local agencies cooperate according to existing ICE detainer practice and law.

The court essentially upheld federal supremacy in immigration law and enforcement and state supremacy over local law or policy.

The only portion of the bill that the court did not uphold was the section that involved penalties for city officials who endorsed sanctuary policies. The ruling said the language “adopting, enforcing or endorsing’ policies that specifically prohibit or limit enforcement of immigration laws was too broad. The injunction was upheld only on the “endorse” part of the statute on the concern it may infringe on free speech rights if the concept of endorsing those policies were expanded to expressing support for them.

The court affirmed that local and campus police officers cannot be prevented from assisting immigration officials. They referenced the Supreme Court ruling in Arizona v United States as precedent that the state would win these arguments in the course of the proceedings.

In response to the ruling Texas Attorney General Ken Paxton expressed confidence the state would prevail in the lower court legal challenge and stated:

We are pleased today’s 5th Circuit ruling will allow Texas to strengthen public safety by implementing the key components of Senate Bill 4. Enforcing immigration law helps prevent dangerous criminals from being released into Texas communities.

The precedent set in this case could encourage other states who have hesitated to develop similar prohibitions on sanctuary cities to do so if Texas is successful. There may also be implications for the Department of Justice’s pursuit of California for their sanctuary state law.

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Source: Texas Law Prohibiting Sanctuary Cities Is Upheld