Border communities react to Supreme Court ruling on Senate Bill 4

EL PASO, Texas – Border communities have reacted to a U.S. Supreme Court ruling that Senate Bill 4 can go into practice, for now.

The bill, championed by Texas Gov. Greg Abbott and signed into law in December, 2023, would give local and state authorities in Texas the power to arrest migrants they suspect to have crossed the border into the U.S. illegally and deport them to Mexico. 

On social media, Abbott said of the Supreme Court ruling, “(it) is clearly a positive development.”

Following the ruling, Mexico said it will not accept any migrants sent over by the State of Texas.

However, just hours after the Supreme Court ruling, a federal appeals court blocked SB 4. They scheduled arguments for today to decide whether the bill should be kept on hold.

Laredo Mayor Dr. Victor D. Treviño said he will join local law enforcement agencies at a press conference to discuss the Supreme Court ruling on SB4. 

Treviño pointed out that the law allows for Texas local authorities to make arrests of persons suspected of illegally crossing the Texas-Mexico border. 

The press conference will take place on Wednesday, March 20, at 9:00 a.m. at City Hall Council Chambers. Treviño said participants will speak about local efforts to comply with SB4.

El Paso Mayor Oscar Leeser said of the Supreme Court ruling: “The ruling today exemplifies the complexities of this issue by the court’s direction to the 5^th Circuit Court of Appeals. While the City of El Paso will always follow state law, it is no secret that our Police Department is short staffed. Our law enforcement responses are always priority-driven, and our number one priority has and will continue to be public health and safety, not enforcing immigration law.”

In December, El Paso County challenged the constitutionality of SB 4 in federal court. The county was represented in court by the American Civil Liberties Union, the ACLU of Texas and the Texas Civil Rights Project. These groups sued Texas on behalf of El Paso County and two immigrant rights organizations — El Paso-based Las Americas Immigrant Advocacy Center and Austin-based American Gateways. The U.S. Department of Justice later joined the lawsuit.

In February, U.S. District Judge David Ezra in Austin blocked SB 4, saying the law “threatens the fundamental notion that the United States must regulate immigration with one voice.” Attorney General Ken Paxton appealed the ruling to the U.S. 5th Circuit Court of Appeals, which reversed Ezra’s ruling.

El Paso County Judge Ricardo A. Samaniego said of the Supreme Court ruling on SB 4:

“In respect to SB4, I believe that this is a sad day for our community, if not for the entire nation. Having to yield to a political maneuver versus looking for the right solution is frustrating to say the least. We have been known in our community to take the burden for federal issues but now we are taking an unfunded mandate to the most extreme. 

“The potential impact of this law will have an inconceivable effect on our our budget. We are positioned to have one of the most restricted budgets in the recent history of the county due to inflation and other economic factors. The financial impact of SB4 will divert our funding away from very needed quality of life and infrastructure initiatives, to exponentially increasing our jail population on taxpayer dollars. 

“I would like to reassure the community that we are looking at everything possible to ensure the safety of each resident of El Paso County. The enforcement of SB4 will generate DPS presence leaving our community to deal with high-speed chases and mistaken identity, threats to families, etc. 

“El Paso County has been very successful in mitigating and minimizing any immigration challenges. SB4 is rudely disrupting the incredible collaboration between local law enforcement, NGO’s and local government. We have been the safest community because of these collaborative efforts more so than any other factor.”

El Paso County Commissioner David Stout is chairman of the Texas Border Coalition, which comprises cities and counties from El Paso to Brownsville.

Stout issued the following statement in response to the Supreme Court action on SB 4:

“I completely agree with the dissent, which states ‘the Court of Appeals abused its discretion by entering an unreasoned and indefinite administrative stay that altered the status quo.’

“The law is unconstitutional, and if allowed to stand would infringe on civil rights and cost our community tens of millions of dollars for arresting, jailing and adjudicating people – essentially, the state charging local taxpayers.

“We want our community to be safer and criminalizing people, pushing them further into the shadows of society, does not make us safer. We don’t need the heavy hand of the state harassing residents of this community, putting them in danger with tactics like high-speed pursuits.

“Frankly, I’m disgusted by the shenanigans of the Fifth Circuit, which is doing in the court what the state is doing on the border – creating division for political purposes.

“Immigration from all over the world is essential to our country’s history, heritage, and culture. But the system is broken. We need the obstructionists in Congress to get behind immigration system reform like that proposed by the Dignity Act, which also includes border management provisions.”

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