The 5th US Circuit Court of Appeals is currently hearing arguments for the lawsuit regarding SB4. Lawyers in the meanwhile request the court to block the Immigration crackdown.
But the Judges are skeptical on whether the officials suing the state, even had a standing to bring in one of the key claims.
This Law was blocked and District Judge Orlando Garcia ruled that in some cases the ICE detainers have violated the 4th amendment. Other criticisms of this law, include that the ICE detainers also lack probable cause and illegally arrest those who would have been otherwise freed.
The 5th Circuit Court of Appeals Judges who heard oral arguments on Tuesday question these criticisms and seem skeptical on whether the opponents of this law have a standing to even sue over the 4th amendment violations, as they are normally brought about by individuals and not government agencies.
They also seemed skeptical that the Public officials or employees could be punished for enacting the sanctuary polices only by taking actions that would violate the SB4 law, stating that this could make even the bureaucrats and elected officials afraid to speak their minds.
SB4 was partially blocked, though still allowing the police to ask the immigration status of those they arrested but the requirements to obey or the punishments for not doing so were put into effect. But the Federal Judges partially reversed this decision.
This Order allowed for discretion without the risk of punishment.
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