Texas cops say they WON'T enforce Abbott's SB4 migrant arrest bill even if it becomes law - as it's blocked AGAIN in latest round of legal whiplash

Texas police departments say they will not enforce Gov. Greg Abbott's immigration law that allows them to arrest migrants even if it goes through. 

The bill - SB4 - was blocked again last night in a whiplash move that added to the chaos and confusion in the Lone Star State. 

Hours earlier, SCOTUS approved it with a 6-3 ruling. 

It was then blocked last night again by a federal court. 

The law, which went into force for a few hours Thursday, hasn't resulted in any known arrests, and it has been divisive from the get-go. 

It will allow Texas police departments, in addition to CBP agents and ICE, to arrest anyone they suspect has crossed the border illegally. 

But police in Austin, Fort Worth and Dallas say they will not enforce it, even if it does go through. 

Hours after SB4 went into law briefly, the Fort Worth Police took to Twitter to say immigration law was the job of state and federal officials.

Austin PD says it will not enforce the law either 

Other states, like Arizona, have attempted to pass similar bills, however the Supreme Court of the United States struck down those measures, saying they infringed on separation of powers and the federal government's supremacy as the sole enforcer of border security. 

Tuesday, the Fifth Circuit said its decision to block the law would 'preserves the status quo while an appellate court reviews the lawfulness of that alteration.' 

'What is will do is create confusion and open the door for racial profiling, putting a target on the backs of so many members of our communities,' San Antonio Mayor Ron Nirenburg told local station KSAT.

'Enforcement of immigration law is a federal jurisdiction. Local enforcement, police departments need all the resources and tools and time that they have to deal with local crime.

Those caught in the US illegally would face up to six months in jail for the first offense and 2-20 years for subsequent entries. 

State Republicans who passed the law argue they have to do something since about 4.3 million migrants who have crossed into Texas illegally since Pres. Joe Biden took office in 2021, according to federal statistics.

Migrants near El Paso, Texas were stuck in limbo, already in the US but stopped short of turning themselves into officials after they were informed that the US Supreme Court has authorized a Texas law that allows state authorities to detain foreigners without papers Wednesday. 

Migrants and their children camp out on the banks if the Rio Grande, the river that separates the US and Mexico, awaiting clarification on SB4

Texas Gov. Greg Abbott (center) signed SB4 into law and hosted former President Donald Trump in Eagle Pass, Texas last month

At least 4.35 million migrants have entered Texas since 2021, according to US Customs and Border Protection, the parent agency of the US Border Patrol. These number reflect only those who have been stopped by federal agents, not so-called 'gotaways' or illegal immigrants who were not taken into custody

'I think worth noting is the fact that this is a misdemeanor. We're not trying to round up folks that have been here for years,' Republican Representative David Spiller, who sponsored SB4, told NewsNation.

SB4 has sparked concerns it would be poorly enforced or even abused by state and local police officers who don't have training in complex immigration law-- leading to racial profiling of Hispanics. 

In fact, the leaders of the majority Hispanic El Paso County are among the plaintiffs that originally sued to stop SB4.

That lawsuit has been combined with the one brought from the Biden Administration. 

Additionally, many details are unknown about exactly in which scenarios it could be applied-- details that were not released by lawmakers or the governor, as this bill has long been viewed as a political Hail Mary that was likely to be killed by the courts. 

Aside from an unwillingness to enforce this, many police departments warn they don't have the manpower, training or jail space to hold migrants.

Two migrants struggle to cross the Rio Grande River on the Mexico-US border as Texas National Guards take security measures in Eagle Pass, Texas

'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,' Fort Worth Police Department Chief Neil Noakes said in a video tweet.

He added that his cops are 'committed to community policing,' a policy that focuses on building trust in immigrant communities so that, for example, an illegal immigrant victim of domestic violence or rape can report her abuser without fear of deportation. 

'In the light of the vibrant growth of our city and the diversity of our communities, our department remains unwavering in our commitment to community policing and making Fort Worth the safest city in the country for all who call this community home,' the top cop said.

The online message was released in both Spanish and English, as the 1 million person city has a large Hispanic population.

In Texas, 40% of the population is Hispanic, and in some cities like El Paso, some US citizens primarily speak Spanish.

In the Democratic capitol of Texas, the Austin Police Department tried to calm fears about the law. 

Migrants attempting to cross the North American side of the border between El Paso and Ciudad Juarez, Mexico in Texas, United States on March 3, 2024

The surge of migrants in Texas has created a huge burden for the state and for the non-profits that help migrants. Pictured above, migrants rest on cots at a shelter in El Paso, Texas

'At this time, APD anticipates that it is unlikely that its officers will have cause to make warrantless arrests under SB4,' the department said in a statement Tuesday.

By Wednesday, they updated citizens by 'informing officers that they were not to enforce SB4.'

The department pleaded with migrants, regardless of immigration status to continue calling 911 if they need help. 

Additionally, the measure would allow migrants wanting to avoid jail to be voluntarily returned to Mexico.

However, Mexico's president slammed that door shut Tuesday, reminding Texas officials that Mexico was not under any obligation to take migrants from any country other than its own.

Wednesday, he lashed out even more, calling SB4 'anti-Christian.'

'So-called Christians who support this law go to church and forget the Bible says to welcome the foreigner among you. They are hypocrites,' President Andres Manuel Lopez Obrador quipped during a press conference.

However, the court battle over SB4 is far from over.

Thursday morning, the Fifth Circuit was scheduled to hear oral arguments on the case. 

'Among other things, this sends a *very strong* signal that the panel is likely to *deny* Texas's application for a stay pending appeal. So #SB4 will remain blocked *indefinitely,* unless *Texas* persuades #SCOTUS to put it back into effect,' constitutional expert Steve Vladeck tweeted.