The bill would allow police forces throughout the state to arrest people they suspect of illegally crossing into Texas through the United States-Mexico border. Under SB 4, the crime would be a Class C misdemeanor liable for punishment of up to six months in jail. The bill would also prevent towns or agencies from enacting policies against police asking about someone’s immigration status.
On Tuesday, the U.S. Supreme Court ruled that SB 4 could take effect until a decision on the bill’s constitutionality from the 5th U.S. Circuit Court of Appeals could be made. That didn't take long. Late Tuesday night, the federal appeals court blocked the law, but even that wasn’t the end of it. Wednesday brought about oral arguments on Texas’ request for a stay pending appeal. As of this writing, a decision on the stay had not been released.
Should the state finally be allowed to enforce SB 4, it will add a new dimension to how local police departments, not just near the border but across Texas, connect with the people they’re obligated to protect. On Monday, before the quick legal back-and-forth of Tuesday, the Fort Worth Police Department released a statement and video on X, addressing SB 4. Tucked into the statement read by Chief Neil Noakes was a somewhat surprising note hinting at how the department regards the possible law.
“It is the mission of the Fort Worth Police Department to serve every member of our community, and our day-to-day commitment to that mission will not change with the passage of Senate Bill 4,” the statement read. “Although we will always follow the law, the primary responsibility for immigration enforcement and border protection should be left to our federal and state partners. In light of the vibrant growth of our city and the diversity of our communities, our department remains unwavering in its commitment to community policing and making Fort Worth the safest city in the country for all who call this community home.”
"... the primary responsibility for immigration enforcement and border protection should be left to our federal and state partners." – Fort Worth Police Chief Neil Noakes
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Cowtown isn’t exactly known as a hotbed of liberalism, so an official statement from the city’s top cop seemingly going against a law that the state’s Republican governor has championed seems unusual. Local conservative radio host Mark Davis replied to the department’s X post, writing “Disappointing woke garbage from FW police…”
The city’s police force view is a far cry from how the county sheriff sees things. Prior to the 5th Circuit decision late Tuesday night, Tarrant County Sheriff Bill Waybourn took an indignant, premature victory lap on social media, but he, too, perhaps inadvertently, took a shot at the bill as it is written.
“Texans are frustrated with the continued onslaught of illegal entry into this country and the federal government’s unwillingness to act,” the X post read. “SB 4 is a tool for Texas law enforcement along the border to detain anyone they see crossing into the country illegally. It is unlikely that law enforcement in North Texas will have knowledge of an individual’s illegal entry status to enforce SB 4 due to this being primarily an on-view offense.”
The sheriff brings up a good point. Matt Schaefer, the conservative state representative from Tyler and one of the bill’s sponsors, says that police forces in most of the state shouldn’t be concerned with the possible new immigration-related law.
“SB4 was NOT designed for interior enforcement,” Schaefer wrote on X. “Its primary effect is at the Texas border. Expecting local police in the interior (e.g. Ft. Worth) to engage in SB 4 enforcement misses the mark.”
When reached for further comment on its SB 4 stance, a representative for the Fort Worth Police Department avoided our specific questions while providing a short comment. We asked why the department felt the need to issue a statement that seemingly went against the state government and whether the statement meant the department would not attempt to enforce the law. Instead, we got a quote from a Tuesday night department tweet.
To be clear – and so there is no confusion, Fort Worth Police Department will ALWAYS enforce the law. https://t.co/uJRJ5gTSBG
— Fort Worth Police (@fortworthpd) March 20, 2024
“As we stated last night – ‘To be clear – and so there is no confusion— Fort Worth Police Department will ALWAYS enforce the law,’” read the email sent to the Observer.
We reached out to a number of North Texas police departments to take their temperature regarding SB 4. Most departments, including Frisco and Irving, opted to not provide comment since SB 4 is still in limbo. For his part, however, Dallas Police Chief Eddie Garcia had plenty to say about the matter.
“The Dallas Police Department is aware of the passage of SB4, that in part, authorizes Texas peace officers to arrest unauthorized immigrants (aliens as stated in SB4) who have illegally re-entered the state after admission is denied or were excluded, deported, or removed from the United States,” Garcia wrote in both English and Spanish in an email to the Observer. “We understand this law is a cause for concern for some in our community. The Dallas Police Department understands these concerns and will continue to enforce the existing state law that prohibits racial profiling. The Department cannot prohibit or limit the enforcement of immigration laws; however, residents of Dallas, victims, and witnesses should continue to feel confident in working with the Dallas Police Department.”
Garcia more directly addressed how his department will handle the ups and downs of SB 4 in the near future by adding, “Until we have more clarification on the law, update Dallas Police Department’s procedures and General Orders, and provide additional training to ensure the protection of individuals’ civil rights, we will adhere to the current General Orders.”
