Appeals court ponders law’s fate

Several localities oppose Texas law meant to combat ‘sanctuary cities.’

With immigrants and their advocates chanting and beating drums outside, a federal appeals court heard arguments Friday on whether it should allow a Texas law aimed at combating “sanctuary cities” to immediately take effect.

Under the law, Texas police chiefs could face removal from office and criminal charges for not complying with federal immigration officials’ requests to detain people jailed on nonimmigration offenses.

U.S. District Judge Orlando Garcia blocked much of the law Aug. 31, a day before it was to take effect. The state appealed to the New Orleans-based 5th U.S. Circuit Court of Appeals.

Arguments on Garcia’s injunction against parts of the law are scheduled for the week of Nov. 6. However, state officials, joined by the U.S. Justice Department, sought an emergency stay allowing enforcement to begin. That request was before a three-judge panel of the 5th Circuit on Friday morning. Court officials said the panel would begin discussing the case immediately after the hearing ended, but a decision was not expected Friday.

Various local governments in Texas are fighting the law, which also allows police to inquire about people’s immigration status during routine interactions such as traffic stops — a provision Garcia didn’t block.

Municipal officials from Austin, Dallas, Houston, El Paso and San Antonio are among the opponents. The American Civil Liberties Union is fighting the law on behalf of the border city of El Cenizo. The Mexican American Legal Defense and Educational Fund represents other localities.

“Texas can tell its localities, ‘You must cooperate,’” Scott Keller of the Texas attorney general’s office said as he was questioned by Judge Stephen Higginson on issues including whether the state law illegally pre-empts federal responsibility for immi-