San Antonio Police sidestep feds in human smuggling case, release undocumented immigrants
The San Antonio Police Department took the unusual step of using a state charge to arrest a man suspected of smuggling 12 people into the country rather than refer the case to federal immigration authorities.
Police arrested Herbert Alan Nichols, 58, of Houston, December 23, 2017 and charged with a felony count of smuggling persons. A police officer discovered the 12 people inside the tractor-trailer Nichols was allegedly driving.
KENS TV in San Antonio reports Nichols claimed he was supposed to move merchandise and may have left with the wrong trailer.
The Associated Press reports the immigrants, believed to be from Guatemala, appeared to be in good condition and were given food and water. Police decided to release the 12, who all appeared to be in the country illegally, rather than turn them over to immigration authorities for deportation proceedings.
The San Antonio Express News reports the City of San Antonio joined a lawsuit challenging the new Texas law on so-called sanctuary cities.
The law created penalties for local officials who pass or support policies preventing law enforcement officers from asking about immigration status of people they detain. Prior to passage of the law, San Antonio prohibited its officers from inquiring about a person’s immigration status, arguing immigration is a federal matter.
The San Antonio Express News reports the City had to remove the prohibition under the new law and the city’s new policy simply makes it clear to officers that immigration enforcement is not a priority.
