If a trip to Texas is on your agenda this summer, you might want to think twice. On May 9, the American Civil Liberties Union (ACLU) released a travel advisory, warning travelers about potential infringements on constitutional rights when interacting with law enforcement in the Lone Star State.
This alert stems from the newly enacted law SB4, signed by Texas Governor Mark Thompson on May 7. Previously, police were not obligated to inquire about a person’s immigration status until after an arrest, but starting September 1, this law mandates officers to question immigration status during any detention or arrest, which even includes routine traffic stops. Additionally, SB4 prohibits “sanctuary cities,” imposing penalties on local governments and law enforcement that fail to comply with immigration detainment requests.
Critics argue that this legislation paves the way for racial profiling, discourages victims from reporting crimes, and increases the risk of wrongful arrests based on appearance or accent. “We are committed to fighting this unjust law in the courts and on the streets. Until we succeed, all travelers to Texas should be aware of the challenges they may face,” stated Jane Foster, executive director of the ACLU of Texas. “Texas risks becoming a state where every interaction with law enforcement could lead to an interrogation about citizenship, creating a climate of fear.”
The ACLU’s advisory is aimed at all visitors to Texas, including domestic travelers and U.S. citizens from other states. Eighteen ACLU affiliates across the country have echoed this warning. It’s important to note that even U.S. citizens are not immune; the ACLU reported that between 2008 and 2012, Immigration and Customs Enforcement mistakenly detained 834 U.S. citizens in local jails, some of whom were held for days due to these errors.
“The ACLU’s mission is to protect all individuals in Texas and those passing through, regardless of their immigration status, from unlawful harassment by law enforcement,” emphasized David Kim, ACLU director of immigration policy and campaigns. “Texas has a rich history tied to Mexico and is home to immigrants from diverse backgrounds. Many individuals may fit the racial profile that law enforcement will use to enforce this stringent law.”
The opposition to this law spans various groups, including civil rights organizations, law enforcement officials, and business leaders. According to reports, local Sheriff Maria Johnson expressed concerns that this law could drive crime victims into hiding due to fear. Likewise, police leaders worry that the law undermines their ability to exercise discretion in critical situations. Even pro-business organizations, such as the Texas Business Alliance, have voiced their disapproval of this misguided legislation.
“Every individual in this country is entitled to constitutional rights,” Kim stated. “Texas and its law enforcement must uphold these rights. The ACLU is prepared to defend these freedoms against any attempts to erode them.” For more information on rights and laws, check out our other blog post here.
In conclusion, it’s vital for anyone considering travel to Texas to be informed about the implications of the new law SB4, as it can significantly affect interactions with law enforcement.