Among the attorneys' concerns was the document's negative effect on the U.S. Constitution.

"If we're going to respect the Supremacy Clause of the
Constitution, laws that violate Federal law weaken it"

"If we're going to respect the Supremacy Clause of the Constitution, laws that violate Federal law weaken it," said Hunter Harris, whose municipal client, New Home, Texas, population 320, on September 29, 2020 adopted the ordinance by the town's City Council vote of 5-1.

(The Supremacy Clause of the Constitution, Article VI, Clause 2, states that Federal law constitutes the "supreme law of the land," and subordinates state law to it.)

"It's something we've seen in history," Harris said, "taking an anti-federal stance, knowing it will fire off a bunch of lawsuits."

The risk of lawsuits also was a chief concern of Omaha, Texas, City Attorney Wayne Paul Frank.

"Towns are in the business of providing city services, infrastructure if you will to their citizens," Frank said, "and all it would take would be one lawsuit to wipe out city coffers."

(The City of Omaha on September 9, 2019 was the first town nationally to adopt the Sanctuary City ordinance, but acting on Frank's advice on October 14, 2019, rescinded its approval and instead adopted a non-binding resolution pertaining to abortion.)

Frank added he's equally concerned about the precedent the ordinance will present.

"Once you single out one group
like this, it's a slippery slope"

"Once you single out one group like this, it's a slippery slope that invites other groups to be targeted," he said.

The attorney also faulted both the ordinance and Texas's Senate Bill 8, the so-called Texas "heartbeat" law, which leaves enforcement to private parties.

"Parts of the private enforcement of these laws are unconstitutional," Frank said, "and will present challenges to litigators and judges alike."

Another small-town city attorney noted that the overall sloppiness in the Sanctuary City ordinance would lead to legal problems.

"This ordinance was so poorly worded that it can invite lawsuits," said Wells, Texas City Attorney Robert Flournoy, adding that the document "might be unconstitutional--and I don't think it's enforceable."

(Wells' City Council on Feb 10, 2020 voted unanimously to adopt the Longview organization's ordinance, without referring it to citizens for a vote.)

This last consideration had moved Lubbock, Texas's City Council, fearful of litigation, to present the ordinance as a ballot initiative. The Lubbock measure passed via popular vote on May 1, 2021.

Most recently, the City of San Angelo's City Council, over a prolonged period of strife with Dickson and local ordinance supporters, voted to submit the proposal to the voters, with a ballot initiative expected next November. (See related story on this page.)