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Immigration has been always ambivalent issue. It may look like it helps refugees but it should have limits too. Texas’ Senate Bill 4 has been one of the most noticeable, disputed and controversial laws. Such a reputation was caused by its severity, sometimes thoughtlessness and ability of new law to affect people’s lives. Moreover, the law is one of the most important moments in the election. Texas’ new law has changed a way of checking an immigration status, contributed to controversy with jurisdiction, created a big problem with family separation and become a very important for the election.
Texas’ Senate Bill 4 brought some changes in immigration law. It widened opportunity for law enforcement to ask about immigration status. Anyone detained or arrested by police legally can be questioned his/her immigration status. This concerns drivers who can be stopped for any reason and even passengers. Victims and witnesses also can be asked about their immigration status though they have not committed crime. According to this new law, college campus police are allowed to ask for immigration status too. Senate Bill 4 is not applicable to schools, hospitals, mental health authorities and community centers. In the case police was called to school, police officer can question person’s status. In such a way, there are many situations in which police are allowed to inquire about immigration status.
Originally, Immigration and Customs Enforcement (ICE) is the agency, which is responsible for immigration affairs. That is why it is ICE’s job to check immigration status diligently. It is controversial to ask intentionally for immigration status because it is not exactly the field of activity of law enforcement. Law enforcement job is to fine for speeding up, interrogating, etc., but not questioning anyone about immigration status. Moreover, local law enforcement are not allowed to decide what to do with undocumented immigrants, it is in federal jurisdiction (Fernandez, 2018). Therefore, ICE has jurisdiction over immigration. Police officers or sheriffs can detect illegals but have to wait for ICE to take actions towards them because it is not in their jurisdiction. In addition, law enforcement officials are obliged to cooperate with ICE. Otherwise, they will be punished with a fine, imprisonment or removal. Such rules cause controversy regarding local law enforcement asking about immigration.
The informal and official opinions about Texas new law are very different, and there are many negative among them. However, the Fifth Circuit Court of Appeals mostly approves the law. The only thing judges of the Court found inappropriate is a clause that had prohibited law enforcement officials to support endorsing policies which limits immigration enforcement (Aguilar, 2018). According to this option, officials can be punished for that. Judges considered a clause as violating First Amendment (Aguilar, 2018). Besides, the Court let the law in effect until it is effective. Moreover, the law may be implemented in any way while it gives needed results. Therefore, the official opinion of the Fifth Circuit Court of Appeals about the Texas new law is positive.
Immigration is an important issue in this year election in Texas because of the new law. Democrats and Republican candidates have completely different positions about it. Democratic candidate Lupe Valdez totally disapproves the law and a ban of safe cities. Valdez has joined opposition of the law and openly showed that she would do her best to demolish the ban on sanctuary cities. She officially made a decision “to scale back honoring immigration detainers sent to her by Immigration and Customs Enforcement” (Harrison, 2015). Gregg Abbott - candidate from Republicans - supports the law. Last year he signed the legislation into law which demanded officials to cooperate with federals. In response to Valdez’s decision, he sent her an open letter. In the letter, Abbott outlined several clauses of the law which he considered as efficient. Among them there are ban on safe cities and punishment for non-cooperation with federals (Harrison, 2015). It is clear that Abbott’s position is for the law. Immigration issue has certain impact on the election because it is one of the most controversial and significant matters. Moreover, it may directly influence people’s lives. That is why candidate’s position about the law is very important point for voters, if not one of the central.
Immigrants’ wellbeing depends on who wins and what happens with law in the future. On the contrary, issues connected to the immigrants (like the case of Kate Steinle) may be solved with the help of new governor and his/her policy. It is obvious that many people immigrate with their families. This fact makes the whole situation even more complicated as families separation takes place. Moreover, it gained large scales. There is no specific data how many families were separated but there was report that about 1500 unaccompanied children had been lost (Aguilar, 2018). Later, it was mentioned that children were not lost and their sponsors had protected them in such a way. Still, it is not adequate situation. Besides, the well-known case of “Ms. C” who despite legal immigration was separated with her child demonstrates all the complexity of the situation (Aguilar, 2018). After various court sessions and even imprisonment she could have reunited with her son, but it did not happen. All these events show there is a huge confusion with immigration. Separation of illegal families seems reasonable but such unexplainable cases demonstrate deficiencies of the law.
To conclude, Texas’ Senate Bill 4 is a very significant step in immigration laws. It is aimed at strict monitoring of immigration issues but it has some shortcomings that affect efficiency and adequacy of this law. The law widens law enforcement ability to check an immigrant status. However, it is not official’s jurisdiction to take actions towards with illegals which is controversial. The problem with family separation has become more complicated and common too. Nevertheless, Fifth Circuit Court of Appeals and Republican candidate Greg Abbott officially supports the law when Democrats’ candidate Lupe Valdez is in opposition. Texas new law is ambivalent and its efficiency still needs to be proved.
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