WASHINGTON — The American Civil Liberties Union issued a “travel alert” today informing anyone planning to travel to Texas in the near future to anticipate the possible violation of their constitutional rights when stopped by law enforcement.
The alert comes amid the passing of a Texas law known as SB4. The law gives a green light to police officers in the state to investigate a person’s immigration status during a routine traffic stop, leading to widespread racial profiling, baseless scrutiny, and illegal arrests of citizens and non-citizens alike presumed to be “foreign” based on how they look or sound. The travel alert applies to all travelers to Texas, including U.S. travelers from other states and U.S. citizens. In addition, this alert applies to all encounters with federal, state, county law enforcement including local police and sheriffs.
“The ACLU’s goal is to protect all Texans and all people traveling through Texas — regardless of their immigration status — from illegal harassment by law enforcement,” said Lorella Praeli, ACLU director of immigration policy and campaigns. “Texas is a state with deep Mexican roots and home to immigrants from all walks of life. Many of us fit the racial profile that the police in Texas will use to enforce Trump’s draconian deportation force.”
SB4 requires Texas law enforcement to comply with the federal government’s constitutionally flawed use of detainer requests, which ask local law enforcement to hold people for U.S. Immigration and Customs Enforcement (ICE), even when they lack the legal authority to do so.
“We plan to fight this racist and wrongheaded law in the courts and in the streets. Until we defeat it, everyone traveling in or to Texas needs to be aware of what’s in store for them,” said Terri Burke, executive director of the ACLU of Texas. “The Lone Star State will become a ‘show me your papers’ state, where every interaction with law enforcement can become a citizenship interrogation and potentially an illegal arrest.”
The Louisiana Legislature is currently considering HB 676, designed to require local police to enforce federal immigration laws, which will lead to unlawful arrests and detainers. “In Louisiana we consider ourselves to be welcoming and hospitable,” said Marjorie R. Esman, Executive Director of the ACLU of Louisiana. “We don’t need a law that will force police to engage in racial profiling and target those who they think don’t ‘belong.’”
Between 2008 and 2012, ICE requested local law enforcement to hold 834 U.S. citizens, some of whom subsequently spent days in jail as a result. Under SB4, the state of Texas is placing the rights of its residents, including U.S. citizens, in extreme jeopardy.
“It is simply a matter of time before illegal arrests occur. Local law enforcement will have to decide between violating a person’s rights and being severely fined, thrown in jail, or even being removed from office for choosing not to do so,” said Burke.
Praeli said, “Everyone has constitutional rights in this country. The state of Texas, and every law enforcement officer, must respect those rights. The ACLU stands ready to safeguard those freedoms against those who seek to diminish them.” Esman said, “As we advise against travelling to Texas, we must be aware of our obligation to protect everyone in the State of Louisiana.”
Other local ACLU affiliates also issued a Texas travel alert. These include:
California
Colorado
Delaware
Hawaii
Maine
New Mexico
New York
North Carolina
North Dakota
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Wisconsin
Wyoming
SB4 will go into effect on September 1, 2017. However, the ACLU is concerned that some law enforcement officers may begin to treat residents and travelers unfairly now. If you believe your rights have been violated because of SB4, please contact the ACLU of Texas at 1-888-507-2970.
ACLU “Know Your Rights” materials are available in a variety of languages here:
www.aclu.org/know-your-rights
