th<\/sup> Circuit Court of Appeals in New Orleans this week.<\/p>\nJudge Edith Jones wondered if the \u201cendorsement\u201d provision would prohibit officials from voicing their opinion about immigration practices.<\/p>\n
Judge Edward Prado asked, \u201cWouldn\u2019t [officials]be hesitant to speak up \u2026 for fear they might be run out of office for what they said on the evening news?\u201d<\/p>\n
Texas Solicitor General Scott Keller said sanctions would apply only to officials who use their \u201cgovernment power\u201d to undermine enforcement of SB4.<\/p>\n
\u201cAn official giving a newspaper interview or a press conference where they disagree with the policy judgment of SB4 would not be confirming a local policy to ignore the mandates of SB4,\u201d he said.<\/p>\n
Amid the back and forth, Judge Jones asked why SB4\u2019s challengers couldn\u2019t simply ask the Texas attorney general for an opinion clarifying the law, or wait to see how it will be implemented before suing the state in court.<\/p>\n
Good question.<\/p>\n
Taxpaying citizens surely wonder about their<\/em> rights as local and state officials rack up thousands of hours in legal bills contesting a law that affirms the rule of immigration law.<\/p>\nAnd what about a community\u2019s right to expect that local constabularies \u2013 led by elected sheriffs and politically appointed chiefs of police \u2013 will honor their sworn oath to preserve public safety?<\/p>\n
As for \u201cfree speech,\u201d FAIR<\/a> notes, \u201cCommunication and cooperation by state and local law enforcement with federal officials is essential to combating the negative effects of illegal immigration.\u201d<\/p>\nThe appellate judges \u2013 Jones and Jerry Smith, appointees of President Ronald Reagan, and Prado, a George W. Bush appointee \u2013\u00a0gave no indication when they might rule. Whatever they decide, SB4 will inevitably end up at the U.S. Supreme Court.