Blue “Sanctuary” in a Red State: Texas SB40 (2017) and the Making of Local Immigration Policies

Abstract

This article analyzes the enactment of Texas Senate Bill 4 (SB4) in 2017, a law requiring cooperation between local law enforcement agencies and federal immigration authorities, within the context of contemporary Texas political history. Since the mid-2000s, the boundary between federal and local authority over immigration enforcement in the United States has become increasingly fluid, as states and local governments have expanded their role amid federal legislative deadlock. Focusing on the concept of “sanctuary” as a foundation of local membership for undocumented immigrants, this study examines how sanctuary regulation emerged as a contested political issue in Texas. Unlike much existing scholarship that centers on conflicts between the Trump administration and liberal jurisdictions, this article highlights a distinct configuration in which a Republican-dominated state government sought to regulate Democratic-leaning cities and counties. Through an analysis of Austin and Travis County, it demonstrates how interactions among municipal, state, and federal actors—particularly during the Obama administration—shaped the politicization and institutionalization of sanctuary regulation, revealing the multilayered nature of immigration governance in Texas.