City of El Cenizo v. Texas, No. 17-50762 (5th Cir. 2018)Annotate this Case
The Fifth Circuit upheld Senate Bill 4 (SB4), a Texas law that forbids "sanctuary city" policies throughout the state, and held that SB4's provisions, with one exception, did not violate the Constitution. The court held that none of SB4's provisions conflict with federal law where the assistance-cooperation, the status-inquiry, and the information-sharing provisions were not conflict preempted. The court affirmed the district court's injunction against enforcement of Section 752.053(a)(1) only as it prohibits elected officials from "endors[ing] a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws." The court held that plaintiffs failed to establish that every seizure authorized by the ICE-detainer mandate violated the Fourth Amendment; the "materially limits" phrase had a clear core and was not void for vagueness; and plaintiffs' "commandeering" argument failed. Accordingly, the court vacated in large part the district court's preliminary injunction and remanded with instructions to dismiss the vacated provisions.
The court issued a subsequent related opinion or order on May 8, 2018.