The Texas Senate passed the committee substitute to Senate Bill 4 on Tuesday night. The bill would stop funding state and local government entities who do not federalize themselves for immigrant hunting duties. As reported by Nacho Aguilar at the Texas Trib:
Senate Bill 4, filed by state Sen. Charles Perry, would punish local and state government entities and college campuses that refuse to cooperate with federal immigration officials or enforce immigration laws. Wednesday’s vote was 20-10 along party lines, with state Sen. José Rodríguez, D-El Paso, absent. Rodriguez was present a day earlier, when the Senate tentatively approved it on a 20-11 vote.
The bill would also punish local governments if their law enforcement agencies fail to honor requests, known as detainers, from federal Immigration and Customs Enforcement officers to hand over immigrants in custody for possible deportation. Entities in violation would be stripped of state grant funding and also be subject to civil fines. Department heads could also be subject to criminal prosecution if they violate the provisions of the bill. The bill doesn’t apply to victims of or witnesses to crimes, public schools or hospital districts.
Perry added some steroids to the bill.
Perry amended his bill Tuesday to add tough civil and criminal penalties for entities that don’t comply with the bill’s provisions. One amendment would make a department head whose agency violates the provisions of SB 4 subject to criminal prosecution in the form of a class A misdemeanor. Another added a provision that would subject the local agency to civil penalties, including a fine at least $1,000 for the first offense and $25,000 for each subsequent violation.
The bill now goes to the Texas House for consideration, amendments, etc. Hopefully, House Speaker Joe Straus doesn’t decide to waste state resources, including those to defend from legal challenges. One can hope, right?
Senate Democrats responded:
State Senator Jose Rodriguez of El Paso: “It is clear to me that this is not about public safety. It is about sending a message that immigrants, whether they are legal permanent residents waiting for citizenship, undocumented migrants seeking to join their families, or refugees looking for a chance at a better life, are not welcome.”
State Senator Borris Miles of Houston: “As a former police officer, I know that relationships with communities and police are essential to ensure public safety. I was proud to stand against this measure and vote no. Now, the bill will go to the Texas House of Representatives and I encourage my colleagues there to carefully consider the impact this bill would have on our communities and Texas.”
State Senator Kirk Watson of Austin: “I love our state. But Texas has a sad, sinful, stained legacy of mistreating people who don’t look like me. This bill and this vote write another ugly chapter in that history.”