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“Hopefully other states will now not follow Texas’ lead.” Garcia’s decision comes as Texas, home to an estimated 1.6 million undocumented immigrants, is grappling with historic flooding and dozens of deaths following Hurricane Harvey.It also lands amid growing fears that the Trump administration will end an Obama-era program that has granted nearly 800,000 immigrants brought to the United States as children reprieves from deportation.“Indeed, at the end of the day, the Legislature is free to ignore the pleas of city and county officials, along with local police departments, who are in the trenches,” Garcia wrote.“The Court cannot and does not second guess the Legislature.He enjoined the state from punishing local officials, infringing on their right to free speech and forcing them to detain immigrants for federal immigration officials, an act that is currently voluntary.
Abbott said the Texas statute would increase public safety by preventing local law enforcement from releasing foreign-born residents from jails or prisons before immigration agents can take them into custody.
Elected and appointed officials could lose their jobs, and police and sheriffs could go to jail for up to a year on misdemeanor charges.
“The Court was right to strike down the guts of a law that is not only patently unconstitutional but bad policy as well,” said Lee Gelernt, an American Civil Liberties Union lawyer who argued against the case in court on behalf of several Texas cities and towns.
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