City of Austin sues the state of Texas over SB4

Thursday, Austin City Council voted 10 to 1 to take legal action against the state's SB4. It's a law that would require police to comply with federal immigration detainers.

“We still believe it's an unconstitutional law. So this action today directs our city staff to take whatever necessary measures to challenge it,” said Delia Garza, Austin City Council District 2.

The law also protects police who inquire about immigration status under certain circumstances.

“Let's be honest, this is about Hispanics and Latinos. If somebody looks Hispanic or Latino they could be racially profiled or pulled over.

Austin is among several Texas cities planning to sue.  A majority, but not all on the Austin City Council dias agree.

“I feel like it's my responsibility to speak up with the many people in Austin who don't agree with actions the city council is taking,” said Ellen Troxclair, Austin City Council District 8.

Council member Ellen Troxclair says the money to sue should be spent elsewhere

“This is another waste of taxpayer dollars in a time we're struggling with an affordability crisis in Austin,” said Troxclair.

Sheridan Aguirre come from a family of immigrants.

“I'm very thankful for the city council that they are on the side of the immigrant community, not only here in Austin but across the state,” said Aguirre.

He has monitored the progress of SB 4, and believes it opens the door for racial profiling.

“I have a partner who lived in the Rio Grande valley. It's a very surveilled area. I would be stopped because of the color of my skin and asked what contents I had in my car,” said Aguirre.

City council says the legal team will decide if this will be a class action suit or if Austin will sue separately.

“I would never think sticking up for any community, is a waste of tax payer dollars,” said Garza.

The Travis County District Attorney has even stepped in, saying the office will send letters to those with a questionable immigration status,  protecting them from deportation if they are needed to testify in a case.