It is easy to understand how important laws are if you imagine a society trying to function without them. There is no way for one legal system to cover every situation because individuals and circumstances are unique.

In the U.S., there are a wide variety of laws, including laws created by legislatures, those created by administrative agencies, and laws created from tradition, or common law. Then there is a court system to help decide which laws apply in each situation and how the laws should be interpreted. It seems like a lot of rules, but all of them are important to help protect us in our day-to-day lives.

Functions of Law

Law fulfills several important functions, but these four are the most important:  

1. Laws protect individual rights and liberties. The Bill of Rights was added to the U.S. Constitution to guarantee several important protections. The laws protect individuals from other individuals, from organizations, and even from the government. The First Amendment of the Bill of Rights prohibits the government from making any law that would interfere with an individual’s right to free speech. There are some exceptions based on what is considered free speech.
2. Laws provide a framework and rules to help resolve disputes between individuals. Laws create a system where individuals can bring their disputes before an impartial fact-finder, such as a judge or jury. There are also legal alternatives where individuals work together to find a solution, such as by using alternative dispute resolution (ADR). There are courts at every level, from local to federal, to decide who should win in a dispute.
3. Without laws, there would be no way to set standards. It is easy enough to see why murder and theft are crimes, but laws also provide a framework for setting many other kinds of standards. Without the Federal Code of Regulations, it would be difficult for individuals or businesses to transact businesses using banks. Federal regulations provide enforceable rules and protections regarding taxes, commercial transactions, employment laws, insurance, and other important areas.
4. Laws help societies to maintain order. What would society be like without the rule of law? You might need to provide your own protection because there would be no police force or army.  Without federal banking protections, you might need to find other ways to get what you couldn’t provide for yourself. With the structure and organization of laws come order and predictability. Individuals can feel safe, leading to wider social structures and greater productivity.

Purpose of Business Law

Business law is unique because it has so many aspects of other areas of law. In order to understand such a complex subject, attorneys must understand diverse areas like commercial transactions, employment law, business formation and dissolution, and insurance law. Business law helps to protect not just the businesses but the owners, employees, and customers of the businesses.

The Texas “show me your papers” law, otherwise known as Senate Bill 4, is one of the harshest bills impacting immigrants in the United States. Essentially, this is a discriminatory law that makes racial profiling an acceptable practice for law enforcement officials.

Understanding the Law

Senate Bill 4 gives police the ability to investigate the immigration status of any person they arrest or detain, including witnesses or victims of a crime. Under SB 4, even a passenger in a car pulled over for speeding could have his or her immigration status questioned.

SB 4 also requires sheriffs and police chiefs to honor any detainer requests from ICE or face significant penalties. As a result of this part of the law, anyone who been picked up by police and found to be an undocumented immigrant must be held if ICE wants to pick them up.

Limitations of the “Show Me Your Papers” Law

Although SB 4 gives police and ICE a lot more power, there are also limitations. For example, this law does not apply in mental health centers, community centers, hospital districts, open-enrollment charter schools, or school districts. It is also important to remember that ICE has a policy that prevents the agency from engaging in enforcement action during public demonstrations, as well as in sensitive locations such as places of worship. Furthermore, immigrants should be aware that student education records are confidential, and that it is illegal for school police to inquire about the immigration status of a student or parent unless it is permitted by federal law.

Negative Impacts of the Law

At first glance, it is already easy to see that this law provides law enforcement officials with far too much power. However, the full impact of this law will be even more destructive than people may expect. Some issues caused by this law include:

1. A large majority of Texans now fall under suspicion.

Texas communities are largely composed of people of color, including immigrants. Under SB 4, the immigration status of any person can be questioned. Because people of color are more likely to be immigrants, anyone of color is now vulnerable to frequent and unfair interrogations from police.

2. Relationships between immigrant communities and local law enforcement suffer.

Because of the fear inspired by SB 4, members of immigrant communities may no longer trust police as much as they once did. This means that they won’t be as likely to report crimes and/or cooperate with law enforcement officials.

3. The law does not target criminals.

Some defendants of the bill have stated that SB 4 is targeted toward criminals who are negatively impacting life in the state. However, the bill allows police to target anyone, even if they haven’t broken the law in any way.

4. The law can be misinterpreted.

Although there are clear limitations to the enforcement of SB 4, there have already been instances where it was misinterpreted, thus leading to the unlawful detainment of undocumented immigrants in Texas. This experience is traumatic and time-consuming for victims and their families.

Help for Immigrants

Immigrants in Dallas and the surrounding area are undoubtedly nervous about the effects of the “Show Me Your Papers Law.” However, if your green card or visa paperwork is in order, you won’t have to worry about being deported. For this reason, it’s important to have a knowledgeable immigration attorney help you make sure that your visa or green card paperwork has been properly filed and that your visa has not expired.

At Hernandez Law Group, P.C., we’re dedicated to helping immigrants. Whether you’re looking to apply for or renew a visa, green card, or citizenship, we’re here to help. When you have us guide you through the filing process, you’ll never have to worry about this kind of harassment leading to deportation.