If you’re planning a visit to Texas this summer, you may want to rethink your itinerary. On May 9, the American Civil Liberties Union (ACLU) released a travel advisory cautioning U.S. citizens about potential violations of their constitutional rights when interacting with law enforcement in Texas. This alert comes in response to the recent passage of law SB4, signed by Texas Governor Mike Thompson on May 7.
Previously, Texas law prohibited police officers from inquiring about a person’s immigration status until after an arrest, as it wasn’t typically within their authority. However, starting September 1, SB4 mandates that officers must ask about immigration status whenever someone is detained or arrested, even during routine traffic stops. The law also criminalizes “sanctuary cities,” imposing penalties on local governments and law enforcement that refuse to comply with federal immigration requests.
Critics argue that this law can lead to racial profiling, discourage victims from reporting crimes, and increase wrongful arrests based on appearance or accent. “We are committed to challenging this misguided and discriminatory law both legally and publicly. Until it is overturned, it’s crucial for anyone traveling to Texas to understand the implications,” stated Jessica Mills, the executive director of the ACLU of Texas, in a recent press release. “Texas is becoming a state where every encounter with police could devolve into a citizenship check, raising the risk of unlawful arrests.”
The ACLU’s travel advisory extends to all visitors to Texas, encompassing U.S. citizens from other states as well as residents. Eighteen ACLU affiliates across the country have issued similar warnings for their constituents. 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, some of whom spent days in custody due to these errors.
“The ACLU aims to protect every individual in Texas and those passing through, regardless of their immigration status, from unwarranted harassment from law enforcement,” said Liam Carter, ACLU director of immigration policy. “Texas has deep cultural ties to Mexico and is home to a diverse immigrant population. Many individuals may fit the racial profiles that police will use to enforce this harsh law.”
Opposition to SB4 spans a wide range of groups, including civil rights organizations, law enforcement leaders, and business associations. According to reports, Sheriff Angela Rivers of Travis County expressed concern that misinformation surrounding the law contributed to its enactment, warning that it could push crime victims into hiding. Charley Johnson, director of the Texas Police Association, emphasized that the law undermines officers’ discretion, a vital aspect of effective policing, by forcing them to prioritize immigration status over safety. Even pro-business organizations, such as the Texas Association of Business, have voiced their disapproval of this measure.
“Every person in this country is entitled to constitutional rights,” Carter affirmed. “The state of Texas and its law enforcement must uphold those rights. The ACLU is prepared to defend those freedoms against those who wish to undermine them.”
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In summary, the ACLU’s advisory serves as a critical reminder for travelers to Texas about the implications of SB4. The law raises significant concerns about civil liberties, with widespread opposition from various sectors highlighting its potential negative impact on communities.