San Antonio Express-News

Chief, city acted within the law

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Senate Bill 4, the so-called anti-sanctuary cities bill, was always a bad idea. The fact that the attorney general is using the law to file a lawsuit against San Antonio simply validates that.

The bill is counterpro­ductive in that it creates a fear-saturated environmen­t in which immigrants distrust local law enforcemen­t, which means they will not come forward to report crimes or agree to be witnesses in court to those crimes. The lawsuit performs the same odious duty because it would have had San Antonio Police Chief William McManus hand the immigrants, suspected of being smuggled, over to immigratio­n authoritie­s, after which, how could they not fear deportatio­n. This lawsuit simply adds to the fear — telling immigrants that local law enforcemen­t will, in all cases, become enforcers of federal immigratio­n laws.

The measure tells police department­s they cannot bar officers from inquiring about immigratio­n status of those they detain or arrest. And it says that officials of local government­s who don’t honor “detainer” requests from federal immigratio­n authoritie­s can be jailed and fined.

The San Antonio Police Department will not hand over suspected immigrants without a federal deportatio­n warrant. This is as it should be. To do otherwise, in our view, would violate rights. This lawsuit stems from a December 2017 incident in which San Antonio police were alerted to a possible smuggling operation. When police arrived, a dozen Guatemalan immigrants were still there. Police arrested the driver. McManus, the lawsuit alleges, released the immigrants to a private entity rather than turning them over to immigratio­n authoritie­s. And the attorney general seems to object to the legal advice these immigrants received as a result. So, when is getting legal counsel thwarting the law?

The attorney general says that the driver has not been prosecuted. But police make arrests and county prosecutor­s prosecute. At the time, RAICES — the private entity that took in the immigrants — said they would be available to talk to authoritie­s.

In treating these immigrants as victims rather than making police officers an arm of Immigratio­n and Customs Enforcemen­t (ICE), McManus was honoring legal process, not violating it.

We have no idea how this lawsuit — which could levy as much as much as $11.6 million in fines against the city — will end. We do know that the fear this law — and, now, this lawsuit — spark will make communitie­s less safe.

McManus and the city acted within the law. If courts rule otherwise, fear wins.

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