Texas Lieutenant Governor Dan Patrick is asking Attorney General Ken Paxton to determine whether San Antonio Police Chief William McManus violated a state law that carries jail time and large fines for violators, News Radio 1200 WOAI reports.
In a letter to Paxton, Patrick called for a state investigation into that immigrant smuggling stop last month off I-35 near Splashtown, where McManus allegedly released 12 illegal immigrants and did not 'cooperate with federal authorities.'
"Such action could be in direct violation of the recently passed Senate Bill 4 and threatens the safety of citizens and law enforcement," Patrick said in his letter.
SB-4, which is the law that outlaws so called 'Sanctuary Cities' includes working that mandates that local government's cooperate with federal immigration officers in all matters relating to immigration, and calls for "local government department heads and elected officials," which definitely includes McManus, with up to six months in jail and a $25,000 fine.
While it is not in doubt that McManus appeared at the scene of the immigrant smuggling arrest on December 23, and made the decision to handle it as a state, and not a federal offense, there are major questions about whether McManus 'cooperated with federal immigration officers.'
McManus has said that, under the state statute, he had no authority to detain the 12 illegals, because illegal entry into the U.S. is not a state offense.
McManus' claims have been backed up by City Manager Sheryl Sculley, who says her investigation has determined that McManus never 'waved off' immigration officers, and his decision to take charge of the case had their support.
In addition to Sculley, who is McManus' boss, the Chief is getting support from the liberal majority on City Council, specifically from Councilmen Rey Saldana and now Roberto Trevino.
“I have full confidence in SAPD Chief William McManus and his abilities to uphold law and order in our city. His leadership has resulted in public safety policies founded on human dignity – a reflection of San Antonio’s true dedication to treating everyone with compassion and respect," Trevino said.
Trevino says Immigration and Customs Enforcement itself did much the same thing in December of 2016, when it released illegal immigrant women and children who were housed in the detention centers in Karnes City and Dilley.
"Ultimately, community policing should be about more than punishment - sometimes, it means working with organizations like Catholic Charities to assist the downtrodden in their hour of need.”
A portion of SB-4, which allows local police to ask people they encounter about their immigration status, has been blocked by a federal court, but the rest of the law, including the provision that covers McManus' actions, remains in force.
IMAGE; GETTY