If you’re contemplating a summer getaway to Texas, you might want to hit the brakes on those travel plans. On May 9, the American Civil Liberties Union (ACLU) raised a red flag with a travel alert for those venturing into the Lone Star State, cautioning that travelers could face unwarranted violations of their constitutional rights when interacting with law enforcement.
The Catalyst for the Alert
The catalyst for this alert? A controversial new law, SB4, which Texas Governor Jake Thompson signed into effect on May 7. Previously, police officers were not permitted to probe into an individual’s immigration status until after an arrest; however, this new legislation, effective September 1, mandates that officers ask about immigration status whenever someone is detained or arrested—even during routine traffic stops. Additionally, SB4 targets “sanctuary cities,” imposing severe penalties on local governments and law enforcement agencies if they fail to comply with immigration officials’ detention requests.
Criticism of the Law
Critics argue this law is problematic on numerous fronts. For starters, it creates a breeding ground for racial profiling, discourages victims from reporting crimes, and raises the risk of unlawful arrests based solely on appearance or accent. “We will vigorously oppose this misguided and discriminatory law in court and on the streets. Until we secure a victory, anyone traveling to Texas should brace themselves for potential encounters with law enforcement that could lead to unwarranted citizenship inquiries,” stated Jamie Rivera, the ACLU of Texas’ executive director. “Texas is transforming into a ‘show me your papers’ state, where every interaction with police could lead to an interrogation about your citizenship status.”
Who Should Be Concerned?
This travel alert is aimed at all visitors to Texas, including U.S. residents from other states, and it has been echoed by 18 ACLU affiliates for their constituents traveling through Texas. The warning extends to any interactions with local, state, or federal law enforcement officers.
And, if you think you’re safe just because you’re a U.S. citizen, think again. The ACLU reported that between 2008 and 2012, Immigration and Customs Enforcement mistakenly detained 834 U.S. citizens in local jails, some of whom languished behind bars for days due to these errors.
The ACLU’s Mission
“The ACLU’s mission is to safeguard everyone in Texas and all who travel through it—regardless of their immigration status—from unlawful harassment by law enforcement,” explained Maria Gonzalez, ACLU director of immigration policy and campaigns. “Texas has rich Mexican heritage and is home to diverse immigrants. Many of us may fit the racial profile that law enforcement will use to enforce these harsh immigration measures.”
Widespread Opposition
This law has drawn widespread criticism—civil rights organizations, police officers, and even businesses are united in their opposition. According to CNN, Sheriff Emma Johnson of Travis County lamented that “misinformation and fear” allowed this law to pass, expressing concern that it would push victims of crime into hiding. Charley Wilkerson, executive director of the Combined Law Enforcement Associations of Texas, told CNN that the law strips officers of their discretion—an essential aspect of effective policing—and forces them to prioritize immigration status over public safety. Even pro-business groups, like the Texas Association of Business, have condemned this misguided legislation.
“Everyone in this country is entitled to constitutional rights,” emphasized Gonzalez. “The state of Texas and every law enforcement officer must uphold those rights. The ACLU is prepared to defend those freedoms against anyone seeking to undermine them.”
Additional Resources
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Conclusion
In summary, the ACLU’s travel alert for Texas serves as a crucial reminder of the potential risks travelers may face under the new SB4 law. With concerns over racial profiling and unlawful detentions on the rise, anyone planning a trip to Texas should stay informed and vigilant.