Commissioners vote to hire law firm as county seeks litigation against Texas over SB 4

County Commissioners Monday voted to hire a law firm as they seek litigation against the State of Texas over the newly-passed Senate Bill 4.

“We expect that we will have quite a battle on our hands,” county judge Veronica Escobar said. “We cannot sit on our hands while pieces of legislation, such as S.B. 4, are thrust upon communities like El Paso. This is contrary to our values. This is contrary to who we are.”

The County is hiring Garza, Golando and Moran out of San Antonio. Escobar said the County plans on spending around $150,000.

“The next step is the law firm will be filing a petition and filing it in federal court in El Paso,” Escobar said.

The court voted 4-1, with Commissioner Andrew Haggerty the lone vote against.

“My issue is S.B. 4 has a lot of misnomers that are going out about it. S.B. 4 passing or not passing has nothing to do with El Paso,” Haggerty said. “We followed every requirement before S.B. 4, and we’re following every requirement after S.B. 4.”

Haggerty said groups protesting the law are misinterpreting the bill and creating more fear.

“I think there’s a lot of fear-mongering going on from a lot of organizations. They’re trying to say this now gives police the authority and the ability to arrest anyone and everyone for being of color, or to stop and search people at anytime,” Haggerty said. “So to spend a lot of money to fight something for the fear-mongering that I feel is there, I don’t agree with.”

Before the vote, dozens of demonstrators took to the County Courthouse to protest S.B. 4.

The bill lets peace officers ask, during routine stops, whether someone is in the U.S. legally and threatens sheriffs with jail if they don’t cooperate with federal immigration agents.

It also requires police chiefs and sheriffs – under the threat of jail and removal from office – to comply with federal requests to hold criminal suspects for possible deportation. That’s something the El Paso County Sheriff’s Office already complies with.

County Judge Veronica Escobar said the bill will make our community less safe because undocumented immigrants will not report crimes due to the fear of being asked about their immigration status.

“No SB 4!” Chants break out after the County Commissioners vote. @abc7breaking pic.twitter.com/Ny2Mwl9Kxt

— Mauricio Casillas (@MauricioABC7) May 15, 2017

Monday’s protest was organized by the Border Network for Human Rights. The group’s executive director, Fernando Garcia, also said the law will discourage members of the undocumented community to speak out against crime. The law allows peace officers to inquire about a person’s legal status if they are detained.

“This is a great day for El Paso County and for the El Paso community. I think historically, El Paso has been leading the charge against racism and discrimination,” Garcia said. “I don’t have any doubt that other counties will follow.”

A lawsuit against the state of Texas has already been filed by the city of El Cenizo, Texas and the League of United Latin American Citizens.

The El Paso County Sheriff’s Office has opposed the law and El Paso Mayor Oscar Leeser denounced it.