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What enforcement of SB 4 could look like in Austin

The department operates under the city and state's guidelines, but the police union president doesn't see a city like Austin being overwhelmed by SB 4.

AUSTIN, Texas — Editor's note: Late Tuesday night, the 5th Circuit Court of Appeals put another hold on SB 4, once again blocking its enforcement. Learn more

A divided U.S. Supreme Court lifted its temporary pause on Texas Senate Bill 4 Tuesday, allowing the law to go into effect. Then, Tuesday night, the 5th Circuit Court of Appeals put another hold on the law, preventing its enforcement.

As teh legal battle continues, Travis County prosecutors and Austin police officers say when it comes to SB 4, it's not a major priority on their list with everything else going on in our community.

SB4 would allow local and state law enforcement to detain, arrest and jail migrants who are suspected of entering Texas illegally. That enforcement is historically a federal duty.

Austin Police Association President Michael Bullock said this won't change policies for local officers.

"Regardless of their immigration status, it does not have any effect on how we would handle an investigation or interact with someone," Bullock said.

He said the department operates under the city and state's guidelines, but he doesn't see a city like Austin being overwhelmed by SB 4.

"We are much more focused on violent crimes and quality-of-life issues that trying to worry about someone's immigration status is not really high up on our priority list," Bullock said.

Under SB 4, the crime of illegal entry would be charged as a misdemeanor offense.

In a statement, Travis County Attorney Delia Garza wrote:

Prosecutors across this state already have limited resources and huge caseloads. A law that subjects such a large portion of our community to potential racial profiling and fear is incredibly misguided, cruel and discourages victims and survivors from coming forward to engage with law enforcement."

Bullock said as the battle over this law plays out, officers aren't changing how they treat both victims and criminals.

"We have people who are here illegally that are victims of crime. We have people that are here illegally that commit crime. Right? They both happen. But our priority is making sure that we identify people appropriately and that we're able to conduct appropriate follow up," Bullock said.

On Tuesday night, the Austin Police Department (APD) issued the following statement on SB 4:

"The Austin Police Department is aware of the U.S. Supreme Court’s decision allowing Senate Bill 4 to take immediate effect. APD already has an extensive policy that directs officers on interacting with foreign nationals. APD will continue to follow its policies and provide further direction to officers on the new Penal Code provisions created by SB 4, as well as the limitations on enforcement at certain sensitive locations. At this time, APD anticipates that it will be unlikely that its officers will have cause to make warrantless arrests under SB 4.

"As law enforcement officers we will continue to investigate the facts surrounding criminal activity or suspected criminal activity to ensure justice is served and strive to provide a safe community for all. APD respects and serves the whole Austin community. It is vital for the community to understand that APD will continue to follow its policies and state law that prohibit racial profiling. If you are a victim or witness of a crime, do not hesitate to report the information to the Austin Police Department.

"APD will continue to monitor the ongoing federal litigation related to SB 4 and ensure that our officers are fully trained and kept informed of further developments."

Then on Wednesday morning, APD issued a new statement: 

"APD is aware of the Fifth Circuit's order, issued late in the evening on March 19, 2024, that dissolves the previously issued 'administrative stay' of the district court's injunction pending appeal. APD has informed its officers that they are not to enforce SB 4 pending further developments in the courts."

A spokesperson with Texas DPS told ABC News that, should the law go into effect, the operational plan will probably look similar to what troopers have already been doing at the border where they're only arresting people they've visually seen and have evidence of crossing into the U.S. outside of legal ports of entry.

DPS also added troopers don't plan to stop cars in the middle of the state and that this will be a targeted approach near the Rio Grande.

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