Texas Representative Sylvia Garcia (D) appeared on CNN to discuss Texas Governor Greg Abbott’s (R) “discriminatory” new law, S.B. 4.
“This morning I joined @CNN to talk about @GovAbbott’s discriminatory S.B. 4 law. Not all Latinos look the same, we come in all shades and sizes. This law hurts black and brown communities in Texas and it must be changed,” tweeted Rep. Garcia.
The congresswoman made her thoughts clear on the issue. In her response to CNN anchor Victor Blackwell’s questions, she added more questions as to how an officer would be able to tell if someone is an immigrant or not.
“It’s really very simple. The law legitimizes racial profiling. I mean, I’m from South Texas, born and raised. I just spent four days down there with my family. I didn’t see any signs of an invasion. Some of this is just flat rhetoric and made-up stuff and it’s going to severely impact people just driving [and] walking that may look like they’re migrants. I mean, how do you really know someone is an immigrant? You know, when we’ve got people coming from so many different countries.”
Rep. Garcia explained how the bill could affect black Americans who are legal citizens. Furthermore, the congresswoman questioned the bill’s ability to determine the difference between a Haitian immigrant and a black American citizen solely based on external appearances.
“So this impacts not just a Latino community, it impacts the African American community and anyone who just doesn’t look ‘American’. But what’s American, these days? Just a white, blonde, blue-eyed? Everybody else is going to get stopped?”
The Texas lawmaker expressed concerns that have been echoed by many in the Democratic Party surrounding the possibility of the bill contributing to racial discrimination based on one’s appearance.
“I think it’s going to lead to some horrible racial profiling. And, I think it’s clearly unconstitutional. I am so glad that the Justice Department is here, is going to file suit and the Justice Department will prevail. I mean, Supreme Court has already ruled on this issue. I don’t see how we could backpedal.”
Rep. Garcia's comments allude to two earlier rulings that the Department of Justice (DOJ) has listed as being prior examples that point to S.B. 4's illegality.
In the DOJ's lawsuit, the plaintiffs pointed to precedents set by previous rulings, such as Arizona v. United States as well as Hines v. Davidowitz, as proof of the state's legal inability to remove noncitizens from their state.
“That conclusion is strongly reinforced by the Foreign Commerce Clause, which is one of the sources of Congress’s power to regulate immigration, and which simultaneously limits the power of the States to engage in such regulation. In this action, the United States seeks a declaration invalidating, and an order enjoining the enforcement of, SB 4 before it takes effect on March 5, 2024,” reads the statement.
