Attorney questions County’s tactics regarding SB 4

A decision by Commissioners Court this week to file a challenge to the state’s anti-sanctuary cities bill, using an out-of-town law firm that could cost taxpayers up to $150,000, has resulted in several questions from the local legal community.

ABC-7 spoke with an El Paso attorney and County Judge Veronica Escobar Wednesday about the decision.

Some in El Paso’s legal community don’t see the need for a lawsuit. And if there is one, they’re wondering why a local firm was not hired to challenge SB4 which requires local law enforcement to cooperate with federal immigration agents and allow them to ask those detained for documents.

“It seems to me to be a little imprudent to be spending $150,000 to challenge a law, using an out of town law firm, on a law that’s not affecting any of the residents of this County yet,” said Joe Hood, an El Paso general civil practice attorney.

Hood is upset the County voted to hire the San Antonio law firm of Garza, Golando and Moran, to file its own challenge against SB4. “I understand the need to go out of town in certain instances, but we have any number of capable civil rights attorneys in this town.”

Escobar defended the decision, pointing out Garza, Golando and Moran specialize in civil rights law.

“The County Attorney’s office brought forward the recommendation and so that’s who went with,” Escobar said. “The majority of the work that’s done for the County happens in house.”

Escobar explained she is concerned local law enforcement must be trained to carry out federal immigration law.

“The deputies on the street, if they are not trained in federal immigration law and they make a misstep and they violate someone’s constitutional rights, which we think, I think, this law is a constitutional violation, who’s going to get sued?” Escobar asked. “It will be the County of El Paso. Who pays that settlement? The citizens, the taxpayers of El Paso.”

Hood sees it differently.

“I think quite frankly they should wait until something happens that actually causes the law to actually be violated,” Hood said. “At that point in time, you’ve got a concrete controversy, not some abstract proposition. Sit down and evaluate whether it’s worth pursuing that or waiting for the Attorney General’s action to run its course.”

Escobar said the County has budgeted a million dollars for outside legal challenges this year.

She said she gave a lot of thought about joining an existing SB4 challenge coalition instead, but came to the conclusion that it’s, “worth the fight and investment” for El Paso County’s “own identity and values.”