WILLIAMSON COUNTY, Texas (KXAN) — As the fate of Senate Bill 4 remains uncertain, the Williamson County sheriff says deputies will not enforce the law if it does go into effect.
SB4 would allow Texas peace officers to arrest people suspected of illegally crossing the border. Last week, the United States Supreme Court ruled that the Lone Star State could enforce the law.
Hours later, the Fifth Circuit Court of Appeals issued a stay on the law, pausing its enforcement as judges consider its viability.
Sheriff Mike Gleason said he sits on the board of directors for the Sheriff’s Association of Texas. He said sheriffs across the state are working on how to interpret the law.
So far, he said the association believes that an arrest can only take place if the arresting officer witnessed the person crossing illegally.
“I have to see you cross the border illegally. So if I catch you up here on I-35, 200 counties into the state and I didn’t witness you, I can’t even sign the warrant anyway,” Gleason said.
Last week, amid the back and forth in the courts about SB4, the Sheriff’s Association of Texas sent a letter to Gov. Greg Abbott asking to secure the southern border by “any lawful means.”
While Gleason is among the sheriffs that signed the letter, he said it was not necessarily an endorsement of SB4 itself.
He said the signature is in support of efforts to address other crimes like drug and human trafficking that cross into Texas and travel up the Interstate 35 corridor.
“My emphasis on the letter was signing, saying that we support the governor in the stopping of illegal activities. With SB4, immigration is pretty much the least of my worries right now,” Gleason said.
Immigration advocates are also waiting to see what unfolds with this law.
Kristin Etter, director of policy and legal services for the Texas Immigration Law Council, said the law’s impact will create a chilling effect in counties beyond those bordering Mexico.
“These are not just border bills. These are statewide laws that have statewide application,” Etter said.
Etter said another worry she has for SB4 enforcement is that Texas officers won’t understand who can and cannot be arrested, due to the complex nature of immigration laws and issues.
“You’re going to have tens of thousands of peace officers attempting to enforce immigration laws, attempting to make citizenship determinations, with no real training, no familiarity,” Etter said.
Etter said the latest ruling on SB4 could come in weeks or hours. She said oral arguments on the merits of SB4 are expected April 3 in the Fifth Circuit Court of Appeals.