Skip to main content

Federal Judge Blocks Texas Law Punishing “Sanctuary Cities” That Refuse to Comply With ICE Detainer Requests

Uninformed lawmakers looking to score cheap political points on both the federal and state levels have been pushing legislation that would punish fake “sanctuary cities” (they don’t really exist) or those that do not comply with ICE detainer requests for valid, constitutional reasons. When police arrest a suspected undocumented immigrant for a crime, U.S. Immigration and Customs Enforcement will sometimes, but not always, issue a request to hold the individual for 48 hours after he is constitutionally authorized to leave the custody of the local law enforcement agency, so he or she can be picked up by immigration agents to begin removal proceedings. In “sanctuary cities,” many of whom have been found liable for damages for unlawfully holding individuals in this exact scenario, local  police do not always comply with these requests, often because the suspect has not committed a violent or serious crime, and usually because they don’t want to get sued!

To increase compliance, Texas legislators illogically passed Senate Bill 4, a law that imposes punishments on indivdiual officers who refuse to comply with ICE detainer requests in the form of a fine and possibly being removed from office. It also gives police the authority to ask people about their immigration status during traffic stops and other routine interactions.

The law was challenged in a lawsuit filed by the American Civil Liberties Union and last month was blocked by Chief U.S. District Judge Orlando Garcia, who found several key provisions of the law to be unconstitutional. Specifically, according to U.S. News, Judge Garcia blocked the part of the law that requires police to comply with ICE detainer requests and the part that prevents local officials from introducing policies that would limit immigration enforcement in Texas.  Anyone who believes this law will be found constitutional at some point have been spending too much time in Colorado.

In the state of Georgia, so-called “sanctuary cities” have been outlawed since 2009. In order to get state funding, local governments are required to certify that they are complying with federal immigration agency requests.

If you or a member of your family have questions about detainers, holds, or any immigration matter, it has never been more important to learn about possible ways to see if you can adjust your immigration status. To discuss your situation with a green card lawyer in Atlanta, contact Kuck Immigration Partners. Charles Kuck understands what’s at stake for you and your family, and he will compassionately help you pursue your immigration goals. Call 404-816-8611 today to schedule a consultation.

Multiple Cities Are Filing Lawsuits over Order to Withhold Federal Grants from Sanctuary Cities

Several cities around the United States, including Philadelphia, San Francisco, and Chicago, are filing lawsuits in response to Attorney General Jeff Sessions’s illegal and unconstitutional order in July to withhold federal grants from cities that refuse to comply with ICE detainer requests. The lawsuits allege that it’s illegal for the federal government to withhold public safety grants.

Sessions’s order was just one of many misguidaed crackdowns on “illegal” immigration that have been introduced during President Trump’s administration. All of these crackdowns, so far, have done far more harm than good.  If you are concerned about how new immigration policies will affect your family, contact Kuck Immigration Partners. Call 404-816-8611 to discuss your situation with an immigration attorney in Atlanta.


Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …
THE WAIT IS OVER --- Expansion of the Provisional Waiver Program is Finally Here!!

As we all know, in 2013, USCIS implemented the I-601a Provisional Waiver Program, which allows the spouses of U.S. citizens to file their waiver applications requesting forgiveness for their unlawful presence here in the United States, await an approval, and then depart for their scheduled interview only after the waiver is approved.This was a significant change in the law because families were separated for a much shorter period of time, and there was much less fear associated with having to depart the U.S. for an interview – they knew they would be able to return with a green card. The biggest downside of this newly implemented waiver was that it was only made available to spouses and children of U.S. citizens.Until now!

What does this latest announcement mean?

Until today’s announcement, only certain classes of immediate relatives with qualifying relatives (U.S. citizen spouses and parents) were eligi…