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San Marcos City Council to file amicus brief in lawsuit against SB 4

The council voted unanimously to file the brief during its meeting Tuesday morning.

City of San Marcos

SAN MARCOS, Texas – The San Marcos City Council on Tuesday voted to file an amicus brief in the lawsuit opposing Senate Bill 4, the sanctuary cities bill signed into law by Gov. Greg Abbott in May.

SB 4 requires law enforcement to honor detainers from Immigration and Customs Enforcement. The detainers are voluntary requests to hold someone in jail while their immigration status is investigated. SB4 also states law enforcement agencies can't have policies regarding detainers and that an elected official who violates the law can be removed from office and sent to jail.

After the governor signed the bill into law, Attorney General Ken Paxton filed a declaratory judgement against the City of Austin, Travis County and County Sheriff Sally Hernandez, asking a federal judge to declare the law constitutional. Austin and several other Texas cities filed a lawsuit against the state, and the Department of Justice in June filed a statement supporting the state’s argument.

This story will be updated with more information.

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