Looters get into action across the area; 40 arrested.

The thought of cash and Newport cigarettes may have been too tempting.

Burglars armed with a brick broke into a Walgreens near Brays Bayou, joining dozens of looters, thieves and scammers working across the Houston area in the aftermath of Hurricane Harvey.

By midday Wednesday, more than 40 people had been arrested on suspicion of looting in Houston and surrounding areas, with reports of looting stretching as far north as Kingwood and as far south as Texas City.

A citywide curfew remains in effect from midnight to 5 a.m., helping police agencies keep the criminals at bay, Mayor Sylvester Turner said Wednesday.

“It was effective,” he said. “It’s going to remain in effect until we kind of get past the situations we’re in.”

Officials warned residents to beware of scammers as well, offering services door-to-door with fake stories of being police officers or contractors hoping to help.

Police Chief Art Acevedo said no one was arrested for a curfew violation during the first night Tuesday.

“It provides us a tool to keep people safe,” he said.

Harris County District Attorney Kim Ogg said she is working with area law enforcement agencies to ensure that anyone caught looting in the wake of Hurricane Harvey would be prosecuted under a state law that allows enhanced punishments, including the possibility of life sentences for thieves arrested for breaking into homes.

On Tuesday, she credited local, state and federal law enforcement officers who have been working roundthe-clock to catch thieves and burglars breaking into homes and businesses in flooded areas and torrential downpours.

The Walgreens at 5300 N. Braeswood Blvd. was

The ruling found the plaintiffs made their case and were even helped during oral arguments by the state.

For instance, the judge noted the state “essentially concedes that the irreparable harm requirement is met.”

The judge quoted an argument made by one of the lawyers with the Texas Attorney General’s Office: “The state of Texas concedes, Your Honor, that if Senate Bill 4 is unconstitutional or a provision of it is severed by this court or this court finds it unconstitutional, if it is, and it would violate the constitutional rights of the public, then there is irreparable harm.”

The judge found that certain provisions of SB 4 conflict with, and are preempted by, federal law because enforcing SB 4 will interfere with the federal government’s authority to control immigration. The judge also found that enforcing SB 4 will result in First Amendment violations.

The judge also determined that vague prohibitions in SB 4 violate due process and “create a real danger of arbitrary and discriminatory enforcement.”

In addition, he found that enforcement of the mandatory detainer provisions “will inevitably lead to Fourth Amendment violations.”

Signed into law in May, SB 4 allows the attorney general to fine or remove from office local officials who “adopt, enforce, or endorse a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws.” Another provision allows for criminal penalties for officials who don’t honor ICE requests to hold at local jails immigrants suspected of being eligible for deportation.

San Antonio Police Department policy prevents officers from asking about immigration status, which would put it in violation of the law. Bexar County officials said they honor ICE detainers.

The lawsuit was led by the border community of El Cenizo, which along with Maverick County filed a lawsuit in San Antonio challenging SB 4 on May 8, the day after Abbott signed it into law. They were later joined by cities and counties across the state, including San Antonio.

Abbott had made the issue an emergency item for this year’s legislative session, signaling that it’s one of his priorities and allowing lawmakers to vote on it earlier than other bills.

Garcia held a hearing on the injunction in June. While past state immigration laws have been challenged by the Justice Department, the Trump administration has weighed in supporting Texas’ position that the law is constitutional.

“U.S. Supreme Court precedent for laws similar to Texas’ law are firmly on our side. This decision will be appealed immediately.” Gov. Greg Abbott