Dear Friends,
Everyone, regardless of their immigration status, has rights under the U.S. Constitution. But recent developments surrounding Senate Bill 4 (SB4) have left many in our community feeling uncertain and fearful. Last Tuesday afternoon, the U.S. Supreme Court allowed the enforcement of SB4, a law that targets our migrant communities, only for it to be blocked again late Tuesday night by a three-judge panel at the 5th Circuit Court of Appeals.
At its core, SB4 further codifies discrimination and endangers lives in our state, representing an extreme case of state overreach and a direct affront to our values as a county. Let me be clear, SB4 will lead to racial profiling. It opens the door for law enforcement to target individuals based on their race, color, language, or national origin, a practice that is not only discriminatory but also unconstitutional. This will undermine our public safety efforts and make it harder to keep our county safe.
This is the future that MAGA extremists want, but we will not cower in the face of their affronts to our community. This political back-and-forth not only exacerbates the climate of fear among our immigrant communities but also highlights the urgent need for accessible, reliable information on the rights available to every individual. It is crucial now more than ever to ensure that our community is informed, prepared, and protected against any potential encounters with law enforcement or immigration agents:
- Right to Remain Silent: Under the 5th Amendment, you have the right to remain silent when stopped by police. Remaining silent may not prevent arrest (under Texas law, drivers are required to identify themselves), but it will prevent self-incrimination.
- Right to Refuse a Search: Under the 4th Amendment, you have the right to refuse consent to a search of yourself, your car, or your home unless you are given a valid warrant. This applies to both law enforcement and immigration enforcement.
- Right to Counsel: Immigration matters are civil. While the government is only required to provide you with an attorney for criminal matters, you still have a right to seek Counsel for your immigration case.
- Rights of Students and Parents: SB4 is prohibited from being enforced in certain locations, including public or private schools, places of worship, health care facilities, and SAFE-ready facilities.
For more information and updates regarding SB4 and your rights, please visit this website from our friends at the American Civil Liberties Union of Texas.
I am committed to working together with our community partners and strategic allies in challenging this legislation and Governor Greg Abbott’s efforts at usurping federal authority over immigration matters. I believe in the strength of our diversity and the rights of all individuals, and I will keep advocating for just immigration reforms
Sincerely,
Rodney Ellis