NEW ORLEANS (WGNO) — A Texas immigration law considered by some to be unconstitutional has made its way back to the U.S. Court of Appeals in New Orleans.

The proposed law allows local and state law enforcement in Texas to arrest, detain and deport people suspected of crossing the border illegally.

It was put on hold by a judge who issued an injunction.

“We believe this is not only racist but also illegal and unconstitutional,” said Executive Director of the Border Network for Human Rights Fernando Garcia.

“It is permission to stop somebody because their facial attributes are different than theirs. It is a permission to assume that everyone is guilty before proven innocent,” said Deputy State Director, Louisiana Democrats for Education Reform Tatiana Begault.

Protesters like Garcia believe giving local law enforcement power to regulate immigration will be detrimental to families.

“We hope the judge will listen to legal persistence that no estate should implement and enforce federal immigration laws. That’s up to the federal government will listen to that argument,” said Garcia.

But how would this affect Louisiana? Currently making its way through Louisiana’s legislative session is Senate Bill 388, which mirrors the Texas bill. Some say if it becomes law there, other states will follow.

“What we are going to see in Texas if this law goes into effect, is racial profiling. Harmful to Black and brown communities and we will see the same in different states around the country if these copycat laws come into effect,” said the Deputy Director of the ACLU Immigrants’ Rights Project Cody Wofsy.

Advocates want people to understand their rights and say if becomes law, they’ll keep protesting.

“It cannot be enforced while we keep fighting this case. We will keep fighting until this discriminatory anti-immigrant measure is blocked for good,” said Wofsy.

“We are going to go to the Supreme Court, that’s our next step. We are going to be in Washington doing the same exact thing, asking for sb4 to be made illegal,” said Garcia.”

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