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La Migra

The local response (so far) to the ICE raids

This is good.

Houston’s top elected and law-enforcement officials sharply criticized federal authorities’ plans to arrest large numbers of immigrant families living without legal permission in major U.S. cities, contending that the raids targeting groups of recent arrivals would harm public safety and risk separating children from their parents.

Mayor Sylvester Turner and Police Chief Art Acevedo took to nationally broadcast programs to weigh in against the raids, which are set to begin as early as Sunday in at least 10 cities, including Houston. Officials from Immigration and Customs Enforcement appear likely to target immigrants who recently crossed the border and have been issued a final order of deportation.

“It’s one thing if the focus of these raids is on people with criminal records, people who have committed violent crimes, people who are part of gangs,” Turner said earlier this week on NPR’s All Things Considered.

The raids should not aim to deport people “who have been here for quite some time,” Turner continued, if “their crime is only coming here to seek a better way of living or to provide a better opportunity for their families.”

[…]

Harris County Sheriff Ed Gonzalez said his office would not participate in the raids, arguing that local involvement would “drive undocumented families further into the shadows” and damage community safety.

“It silences witnesses & victims & (would) further worsen the challenges law enforcement officials face,” Gonzalez, a Democrat, said in a tweet.

Harris County Judge Lina Hidalgo issued a statement containing information about the legal rights that people retain when interacting with ICE agents, such as their right to not answer the door if the agents do not present a warrant.

“These raids seek to subvert our sense of community by putting the very heart of Harris County, our diversity, in the cross-hairs of a shameful political maneuver,” said Hidalgo, a Democrat elected last year.

Turner issued a fresh statement Saturday saying the city would continue to offer services to all residents “regardless of who they are, where they are from, or their documentation status.” ICE had yet to contact the city about the raids, the mayor added.

“The president’s order for concentrated ICE raids against immigrant families in Houston and elsewhere stands against everything we represent as a welcoming city,” Turner said.

This is also good.

U.S. Rep. Sheila Jackson Lee met with faith leaders in Houston on Saturday to invite undocumented immigrants to seek refuge in churches, mosques and synagogues and call on religious organizations to open their doors ahead of Sunday’s anticipated deportation roundup by Immigration and Customs Enforcement officers.

“It is to my dismay that I have to come home to find many of those who live in my jurisdiction, my constituency, are panicked, frightened and in fear of their lives,” said Jackson Lee, a Houston Democrat. “I say to the federal authorities: that you are well aware and on notice that you are not able to come into a church and demand anyone that is a representative of the faith to give anyone to anyone.”

Jackson Lee gathered with faith and local leaders Saturday afternoon at the Living Water International Apolistic Ministries in Houston. The ministry, along with half a dozen other churches, announced it would shelter undocumented immigrants on Sunday who fear they are in danger of being taken by ICE.

“We want to be a beacon of light for those who may be in fear. So when I got the call, I couldn’t do anything but accept,” said Apostle Robert Stearns, leader of Living Water. “There is nothing strange to us in doing this. This is our heart and our passion.”

It’s a good start. Now we need to be ready for whatever the response to this is.

We need a coordinated strategy to fight these immoral immigration raids

I feel such despair about this.

Federal authorities are expected to try to arrest thousands of immigrant families in at least 10 cities, including Houston, beginning as early as Sunday, rattling communities across the country who faced a similar scare last month.

President Donald Trump postponed such an operation in June, partly because of conflict among his immigration enforcement officials on how to conduct the raids and out of concern for officers’ safety after the president publicized the plans on Twitter. Trump said he was giving Democrats time to come up with a solution to the immigration crisis in Congress.

This weekend’s operation would likely focus on thousands of immigrants who recently crossed the border and have been issued a final order of deportation — even if they were never informed of their court date or were unable to make the hearing. But agents also are authorized to make “collateral” arrests and detain other immigrants they encounter, even if they were not the target.

Several national news outlets reported Thursday that the raids were planned for the coming week. Tim Oberle, a spokesman for Immigration and Customs Enforcement, declined to release details about any operation, citing “law-enforcement sensitivities and the safety and security” of agents.

Reports of an impending operation sparked renewed outrage and concern among immigrant communities and advocates. Nationwide protests outside immigrant detention centers are scheduled this weekend.

“People are very worried,” said Cesar Espinosa, executive director of FIEL Houston, an advocacy group that will be on-call for reports of any enforcement activity. “We are getting a lot of calls asking, ‘Is it true that this is actually happening now?’”

[…]

The American Civil Liberties Union filed a lawsuit Thursday in New York to stop the enforcement operation, arguing that affected immigrants were denied due process because they were not able to make their case for protection in court. It said many are asylum seekers who failed to appear because of “massive bureaucratic errors and, in some cases, deliberate misdirection.”

Notices to appear in court were often sent to wrong addresses or after hearings had passed, or they listed dates when the courts were not open.

“The agencies’ flagrant and widespread errors made it impossible for people to know when their hearings were being held,” the ACLU said in a statement.

[…]

A large-scale enforcement action focused on families, rather than criminals, would be unusual and difficult, said John Sandweg, a former acting director of ICE.

“There are serious operational challenges once you have that population in custody,” he said. “You need very tight plans on where you can hold families, for how long they are there, how you are going to transport them and where you can stage them.”

Remember, the cruelty is the point. The Trump administration cannot be trusted with families. It’s not just these raids, it’s also the inhumane conditions at detention centers and the continued state of fear and terror that immigrants are subject to. This is a crisis, and we don’t know how to respond to it. I know I feel paralyzed. It’s hard in part because there are so many crises, with new ones popping up each day. We all have a role to play, which we all need to figure out for ourselves, but it needs to start with leadership from all of our elected officials. Whatever part of this immoral machinery is within the jurisdiction of our city and our county, we need oversight, we need accountability, and where we can’t get these things we need resistance. Future generations are going to judge us for what we did and didn’t do.

UPDATE: Here’s a statement from Mayor Turner about the raids.

“I’m haunted by their eyes”

We should all be haunted, and outraged, by this.

Immigrants held in a McAllen-area U.S. Customs and Border Patrol processing center for migrants — the largest such center in America — are living in overcrowded spaces and sometimes are forced to sleep outside a building where the water “tastes like bleach,” according to an attorney who recently interviewed some of the migrants.

“It was so bad that the mothers would save any bottled water they could get and use that to mix the baby formula,” attorney Toby Gialluca told The Texas Tribune on Saturday.

But when she recalls the conditions described to her by the immigrants she interviewed at McAllen’s Centralized Processing Center, Gialluca said she goes back to one thing.

“Their eyes. I’m haunted by their eyes,” Gialluca said.

Gialluca and a slew of other lawyers have been meeting with children and young mothers at facilities across the state this month as pro bono attorneys. At the McAllen Center, Gialluca said everyone she spoke with said they sought out Border Patrol agents after crossing the Rio Grande so they could request asylum.

Gialluca said the migrants, all from Honduras, Guatemala, and El Salvador, told her they aren’t receiving proper medical care and children don’t have enough clean clothes. Unable to clean themselves, young mothers reported wiping their children’s runny noses or vomit with their own clothing, Gialluca said. There aren’t sufficient cups or baby bottles, so many are reused or shared.

“Basic hygiene just doesn’t exist there,” Gialluca said. “It’s a health crisis … a manufactured health crisis,” she said.

[…]

On Saturday, state Sen. Carol Alvarado, D-Houston, issued a letter to the Texas Health and Human Services Commission inquiring about the reportedly inhumane conditions at a Clint facility where another group of lawyers told the Associated Press about a group of 250 infants, children and teens who spent nearly a month without adequate food, water and sanitation.

Attorneys who visited the El Paso-area station said they found at least 15 children sick with the flu and described a sick and diaperless 2-year-old boy, whose “shirt was smeared in mucus,” being taken care of by three girls all under 15.

“HHSC has a responsibility to these children and individuals to ensure they are receiving, at a minimum, basic care,” Alvarado wrote, acknowledging that the facilities are managed at a federal level, but still imploring the state to do more. “As these facilities are in our state, the conditions under which they operate is a reflection of our values and commitment to the humane treatment of all within our borders.”

There are a lot of elected officials in this state who support passing laws greatly restricting access to abortion because they say they believe in the sanctity of life. Most of those same officials oppose laws that grant equal treatment under the law to LGBTQ people, and support laws that allow “sincerely held religious beliefs” to be a legal reason to not do business with LGBTQ people, because they believe that LGBTQ people are engaged in immoral behavior. These same elected officials, who care so much about life and morality, don’t have so much as an unkind word to say about the appalling, inhumane treatment of thousands of people, many of them children and babies, right here in Texas. I don’t know why any moral authority is granted to these officials, whose names include Greg Abbott, Dan Patrick, Ken Paxton, John Cornyn, Ted Cruz, Chip Roy, Dan Crenshaw, Ron Wright, Lois “Bathroom Bill” Kolkhorst, Jonathan “Former Fetus” Stickland, Tony “Death Penalty For Abortion” Tinderholt, and many many more. They have clearly shown that they don’t deserve it.

UPDATE: In addition to voting all of these useless assholes out of office, you can donate to or volunteer for any of these organizations if you want to help do something about this.

Paxton asks for summary judgement to end DACA

Not much coverage of this, and I’m not sure what that means.

Best mugshot ever

Texas Attorney General Ken Paxton on Monday asked a federal judge to strike down Obama-era deportation protections for immigrants whose parents brought them to the United States illegally as children.

In a motion filed in Brownsville federal court, Paxton asked U.S. District Judge Andrew Hanen to follow through on his ruling in August, when Hanen determined that the Obama administration did not have the authority to implement the Deferred Action for Childhood Arrivals program.

At the time, however, Hanen declined to issue an injunction blocking enforcement of DACA.

In Monday’s motion for summary judgment joined by seven other states, Paxton asked the judge to end the program and block the federal government from issuing or renewing any more DACA permits to young immigrants.

Congress, not the president, has the authority to determine federal immigration law, he said.

“Whatever its policy merits, DACA is clearly unlawful, as this court has already held,” Paxton’s motion said. “Underlying the program is a limitless notion of executive power which, if left unchecked, could allow future presidents to dismantle other duly enacted laws. The court must not allow that to occur.”

[…]

If Hanen agrees to issue an order ending DACA, he would be in conflict with federal judges in California and New York who have blocked the Trump administration’s effort to end the program in 2017. DACA remains in force while appeals in both cases proceed.

See here and here for the background. The Statesman was the only news outlet with a story on this, which may mean there’s little chance it will go anywhere or it may mean we’re all so distracted by the eleventy jillion other news stories out there that no one is paying much attention to Paxton’s latest stunt. SCOTUS just declined to take up the Trump administration’s appeal of lower court rulings keeping DACA in place, which you’d think might give pause to even a Paxton-friendly judge. I’m never quite that optimistic. Anyway, I’m noting this for the record so when something happens I’ll be able to refer to this at that time.

(And a day later, he’s petitioning to have abortion and transgender health protections “wiped permanently” from Obamacare. I think he feels emboldened after having survived re-election. But don’t worry, I’m sure he’d use those new powers he wants responsibly.)

What if he does it anyway?

That’s my question.

Gov. Greg Abbott, the state’s two Republican U.S. senators and a bipartisan group of 20 U.S. House members released a letter stating their staunch opposition to raiding Texas’ hard-fought Harvey money.

“Recent reports have indicated that your administration is considering the use of U.S. Army Corps of Engineers funds, appropriated by Congress and intended for Hurricane Harvey recovery and mitigation efforts, in an effort to secure our southern border,” they wrote. “We strongly support securing the border with additional federal resources including tactical infrastructure, technology, ports of entry improvements and personnel. However, we are strongly opposed to using funds appropriated by Congress for disaster relief and mitigation for Texas for any unintended purpose.”

Congressional signatories included nine lawmakers from the Houston metropolitan region: Republican U.S. Reps. Brian Babin, Kevin Brady, Dan Crenshaw, Michael McCaul, Pete Olson and Randy Weber; and Democratic U.S. Reps. Sylvia Garcia, Lizzie Fletcher and Sheila Jackson Lee.

Texans from other regions also signed on: Republican U.S. Reps. John Carter of Round Rock, Mike Conaway of Midland, Bill Flores of Bryan, Lance Gooden of Terrell, Kay Granger of Fort Worth, Will Hurd of Helotes, Kenny Marchant of Coppell and Roger Williams of Austin; and Democratic U.S. Reps. Henry Cuellar of Laredo, Vicente Gonzalez of McAllen and Filemon Vela of Brownsville

See here for the background. That certainly is a letter. Nicely typed, good sentence structure, no spelling errors as far as I could tell. Now what happens if and when Donald Trump goes ahead and declares an emergency and tries to tap into these funds anyway, because Ann Coulter and Rush Limbaugh called him mean names again? What are you, Greg Abbott, and you, John Cornyn and Ted Cruz, and you, Republican members of Congress, going to do then? We wouldn’t be here in the first place if Donald Trump were a rational actor. He’s gonna do what he’s gonna do. What are those of you who enable him at every step going to do when that happens?

It’s always possible to make a border wall proposal stupider

Here’s Exhibit A.

An emergency Trump administration plan to tap storm protection funds to pay for a border wall was slammed Friday by Houston lawmakers who said it could endanger the city’s recovery from Hurricane Harvey and jeopardize the region’s preparedness for future storms.

While details of the proposal remained unclear, lawmakers in both parties scrambled to win assurances from the White House and allay concerns about projects in the Gulf Region, including a proposed coastal barrier to protect Galveston Bay and the Houston Ship Channel.

Reports that President Donald Trump has been briefed on a plan to use unspent money from Army Corps of Engineers projects heightened tensions in Congress about his threat to use emergency powers to build hundreds of miles of barriers along the U.S.-Mexico border, much of it in the Rio Grande Valley.

The controversy also highlighted long-standing concerns about the slow pace at which Washington has released emergency disaster funds to Texas since Hurricane Harvey in 2017.

I wonder if this is what Trump meant when he said that Dan Patrick had offered to help pay for the wall? Maybe someone should ask him. There’s too much mendacity and stupidity here to waste time analyzing this, though my friend Amy Patrick took a crack at it from an engineering perspective. Not that any of this really matters, since Trump changes his mind every five minutes about what he does and doesn’t want. It does serve as a good distraction from the reporting that Trump is an asset of Russian intelligence, so there’s that. Happy Monday, everyone.

Southwest Key sues city over permit for child detention warehouse

Screw them.

The Austin-based nonprofit trying to open a shelter to house migrant children east of downtown sued the city of Houston Friday, alleging a discriminatory, baseless and politically motivated campaign to prevent it from opening the facility.

Southwest Key Programs alleges in the lawsuit, filed in federal court in Houston, that the city is “manipulating” its permitting process, invalidating previously issued permits without due process and refusing to conduct inspections or issue new permits. The suit claims these actions are discriminatory based on some combination of the city’s opposition to federal immigration policies, interest in “political gain” or the race, color, national origin, ancestry, alienage or immigration status of the unaccompanied minors who would be housed there.

The lawsuit asks a court to grant Southwest Key monetary damages and declare that it can proceed with its plans to open the facility.

“The city of Houston has ignored its own regulations, and past practices, and has knowingly misrepresented the facts to the state of Texas to deny Southwest Key a license to open the facility,” Southwest Key said in a statement released Friday. “City officials bent the rules and broke the law for the sole purpose of advancing the mayor’s political agenda.”

[…]

“The city is only interested in the safety, security and well-being of children and will continue to enforce all building codes and regulations designed to accomplish that purpose,” Mayor Sylvester Turner said in a statement. “Southwest Key has repeatedly been asked to provide plans that meet existing building codes for the intended use of the facility at 419 Emancipation Street in Houston. They have failed to do so. Hopefully, they will realize that they are not exempt and must follow the rules like everyone else. We continue to wait for them to respond. In the meantime, we will review the pleading and respond accordingly.”

See here and here for the background, and here for the Mayor’s statement. I have no idea if Southwest Key’s claims have any validity, and to be honest I don’t care. Southwest Key can go fuck themselves.

DACA lives another day

But don’t relax just yet.

A federal district judge on Friday denied the state of Texas’ request that the Deferred Action for Childhood Arrivals program be put on hold after Texas and nine other states sued to halt the Obama-era program.

DACA was launched in 2012 and grants recipients a renewable, two-year work permit and a reprieve from deportation proceedings for immigrants who were brought to the United States while they were children. U.S. District Judge Andrew Hanen said the states could likely prove that DACA causes the states irreparable harm. But Hannen wrote that the states delayed in seeking the relief for years. He added that there was an abundance of evidence to show that ending the program “was in contrary to the best interests of the pubic.”

His decision means that hundreds of thousands of the program’s recipients can continue applying to renew their status — for now.

“Here, the egg has been scrambled. To try to put it back in the shell with only a preliminary injunction record, and perhaps at great risk to many, does not make sense nor serve the best interests of this country,” Hanen wrote.

[…]

The case will now likely proceed to the 5th Circuit Court of Appeals, said Nina Perales, MALDEF’s vice-president of litigation, who argued the case earlier this month.

She said she disagreed with Hanen’s assertion that the way DACA was implemented violated the federal Administrative Procedures Act, which governs how federal regulations are made, and said Paxton’s predictions that Texas will succeed are overshadowed by Friday’s decision.

“The question that was presented to the court was decided in our favor. General Paxton can make predictions about what will happen later in this case,” she said. “But General Paxton lost today and DACA recipients won today. We have three federal court injunctions keeping DACA alive right now. Texas was hoping that Judge Hanen wold enter an injunction going in the other direction and Judge Hanen declined to do that.”

See here for the background. The state has 21 days to file an appeal to get the Fifth Circuit to grant the injunction it sought, and the court will proceed with the case after that. You know how I feel about this. I’m not going to guess what may happen from here, but at least nothing has been screwed up yet. The court’s order is here, and Daily Kos has more.

Trump administration denying passports to US citizens born near the border

This is infuriating.

On paper, he’s a devoted U.S. citizen.

His official American birth certificate shows he was delivered by a midwife in Brownsville, at the southern tip of Texas. He spent his life wearing American uniforms: three years as a private in the Army, then as a cadet in the Border Patrol and now as a state prison guard.

But when Juan, 40, applied to renew his U.S. passport this year, the government’s response floored him. In a letter, the State Department said it didn’t believe he was an American citizen.

As he would later learn, Juan is one of a growing number of people whose official birth records show they were born in the United States but who are now being denied passports — their citizenship suddenly thrown into question. The Trump administration is accusing hundreds, and possibly thousands, of Hispanics along the border of using fraudulent birth certificates since they were babies, and it is undertaking a widespread crackdown on their citizenship.

In a statement, the State Department said that it “has not changed policy or practice regarding the adjudication of passport applications,” adding that “the U.S.-Mexico border region happens to be an area of the country where there has been a significant incidence of citizenship fraud.”

But cases identified by The Washington Post and interviews with immigration attorneys suggest a dramatic shift in both passport issuance and immigration enforcement.

In some cases, passport applicants with official U.S. birth certificates are being jailed in immigration detention centers and entered into deportation proceedings. In others, they are stuck in Mexico, their passports suddenly revoked when they tried to reenter the United States. As the Trump administration attempts to reduce both legal and illegal immigration, the government’s treatment of passport applicants in South Texas shows how U.S. citizens are increasingly being swept up by immigration enforcement agencies.

Here’s that WaPo story. I’m going to let Dan Solomon of Texas Monthly sum this up:

First, the administration came for immigrants. Now, they’re expanding who “immigrant” refers to, so that it’s a group that could well include U.S. citizens who were born in this country. Right now, the people feeling the brunt of that are Hispanic people of a certain age, who were delivered by someone the administration has flagged, who live in the Rio Grande Valley. But at this point, there’s no reason to believe that this will stop with them.

It’s going to take a long, long time and a whole lot of work to cleanse the stain this administration is leaving on the country.

The DACA hearing

I don’t know about this.

The state of Texas will continue to incur irreparable financial harm if an Obama-era immigration program isn’t halted immediately, attorneys for the state argued in Houston on Wednesday.

But lawyers representing nearly two dozen recipients of the Deferred Action for Childhood Arrivals program countered by saying Texas sat back for six years and did nothing, and its attorneys have yet to prove the harm the state claims it has faced since the program was implemented in 2012.

Those were just two of the arguments presented to U.S. District Judge Andrew Hanen on Wednesday after Texas Attorney General Ken Paxton sued the Trump Administration in May to end the 2012 program, which protects immigrants brought into the U.S. as children from deportation and allows them to obtain a two-year work permit.

[…]

MALDEF and New Jersey said Texas could have filed suit in 2012 or amended its 2014 complaint aimed at DAPA to also include DACA, but instead waited six years to take action. They also argued that while DAPA would have benefitted more than 4 million people, DACA has a much smaller pool of potential applicants. Nina Perales, MALDEF’s vice-president of litigation, said there are only about 702,000 DACA beneficiaries in the country today.

The state of Texas defended its timing by arguing it was waiting for the DAPA outcome to come down and was subsequently encouraged by President Trump’s announcement in September 2017 that DACA was going to be phased out.

Perales also argued against Texas’ assertion that the coalition of states suing to end the program have spent hundreds of millions of dollars to provide DACA recipients with education, health care and law enforcement services. She said the plaintiffs also cite in their evidence the cost of unaccompanied minors who came to the country after 2014, while DACA applies only to people who were in the country from 2007 or before.

She made a similar counter argument to Texas’ claim that it has spent vast sums of money providing healthcare to only DACA recipients.

“What Texas does is it estimates the cost of serving undocumented individuals statewide and applies it to DACA,” she said. “Undocumented immigrants are eligible for a few state funded programs but they are eligible for those regardless of DACA or not.”

She added after the hearing that the evidence actually shows that Texas benefits from DACA recipients working and participating in society.

Throughout Wednesday’s proceedings, Hanen peppered both sides with questions, often interrupting the attorneys and pressing them for more evidence to justify their claims. He also asked the attorneys to submit by Monday a brief on whether DACA violated the federal Administrative Procedures Act if applicants are subject to individual discretion. Hanen ruled in 2015 that DAPA violated the APA, which governs how federal regulations are made

Perales said after the hearing that she was pleased by the judge’s desire for more details.

“The judge was very patient, he allowed each side to get up and make its arguments,” she said. “I was encouraged by the judge’s curiosity and interest in additional questions.”

See here, here, and here for some background. I think we can take it on faith that Paxton’s arguments are more pretext than anything else, but there’s a reason he picked this court and this judge for this lawsuit. We just had a ruling from another federal court that ordered DACA to be restarted, so if Paxton wins here we’re on a direct course to the Supreme Court, and who knows what from there. ThinkProgress, Mother Jones, and Daily Kos have more.

One federal court orders DACA restored

But hold on, because there’s another ruling to come.

A federal judge on Friday upheld his previous order to revive an Obama-era program that shields some 700,000 young immigrants from deportation, saying that the Trump administration had failed to justify eliminating it.

Judge John Bates of the U.S. District Court for the District of Columbia gave the government 20 days to appeal his decision. But his ruling could conflict with another decision on the program that a federal judge in Texas is expected to issue as early as [this] week.

[…]

Bates ruled in late April that the administration must restore the DACA program and accept new applications. He had stayed his decision for 90 days to give the Department of Homeland Security, which runs the program, the opportunity to lay out its reasons for ending it.

Kirstjen Nielsen, the homeland security secretary, responded last month, arguing that DACA likely would be found unconstitutional in the Texas case and therefore must end. She relied heavily on the memorandum that her predecessor, Elaine Duke, had issued to rescind the program and said the department had the discretion to end the program, just as the department under Obama had exercised discretion to create it.

Bates, who was appointed by President George W. Bush, did not agree. He called the shutdown of the program “arbitrary and capricious” and said Nielsen’s response “fails to elaborate meaningfully on the agency’s primary rationale for its decision.”

That’s the good news. The bad news is that federal judge Andrew Hanen will have a hearing in Houston on Wednesday the 8th on the Paxton lawsuit that seeks to put an end to DACA, and everyone seems to think that Hanen will (as has been his custom) give Paxton what he’s asking for. Which will force the matter to SCOTUS, and Lord only knows what happens next. I have more on the Texas case here and here, and see Mother Jones and ThinkProgress for more on the DC court’s ruling.

Business groups file brief opposing Paxton’s anti-DACA lawsuit

This is good.

A federal lawsuit by Texas officials earlier this year seeking to order the end of the federal immigration program called the Deferred Act for Childhood Arrivals, or DACA, will have “immediate, irreparable injury” to Texas businesses and cost the state’s economy billions of dollars, according to a coalition of pro-business organizations.

Seven Texas-based chambers of commerce, two pro-business consortiums and four prominent companies – including Southwest Airlines – filed an unprecedented court brief late Saturday asking a federal judge in Houston to reject Attorney General Ken Paxton’s argument that the DACA program be ended and dismantled.

Lawyers for Vinson & Elkins, which represents the business coalition that includes the Texas Association of Business, argue that Paxton’s case – if successful – would significantly damage their operations, deprive them of much needed work expertise and cost the state of Texas tens of thousands of jobs and hundreds of millions of dollars in tax revenues.

[…]

The business organizations point out that DACA was initiated by the Obama Administration in 2012, but the fact that Texas and the six other states suing waited until 2018 to challenge the program is a major legal argument in favor of keeping the status quo.

“The States waited almost six years after the announcement of the DACA guidelines before challenging them in Court, despite challenging similar initiatives implemented after DACA in 2015,” V&E lawyers argue. “Since an injunction is an equitable remedy, it may be denied on the basis of laches if an unreasonable delay by the party seeking injunctive relief works to the disadvantage or prejudice of another party.

“The States’ delay has substantially impacted businesses in Texas, who have, as described above, come to rely upon Dreamers as valued employees, customers, and fellow members of the business community and now stand to incur significant costs if DACA is enjoined,” the brief states. “The States’ delay also undercuts any claim they have to immediate, irreparable injury, since they have been living with the status quo for six years.”

See here, here, and here for the background. I’ll be honest, when I first saw the story headline, I assumed this was another one of those meaningless tut-tut gestures from the Texas Association of Business towards their vassals in the state GOP. They were the masters of the mild statement of disapproval that was never accompanied by any tangible action but always got them some cheap publicity long before Jeff Flake ever complained about Donald Trump on Twitter. This at least has the chance to do something tangible, so kudos to them for that. Having said that, let’s be clear that this is very much a political problem as well as a legal one. If you’re not working towards a Democratic Congress and the election of Justin Nelson as Texas AG, you’re not really trying to solve it. Anyway, there will be a hearing in Houston on August 8, so we’ll see if this has any effect. The Chron has more.

Still waiting on families to be reunited

Horrible story remains horrible.

The clock is ticking on a court-ordered Tuesday deadline for the federal government to reunite migrant parents with kids under 5 who were taken from them at the border. With a mere four days left, government attorneys have asked for more time — and some migrant parents say they have been given no information about how these court-ordered reunifications will take place.

At a status conference in San Diego Friday, government attorneys asked U.S. District Judge Dana Sabraw to grant them reprieve from what they characterized as an over-ambitious deadline to bring together about 100 toddlers with parents who may be scattered across the country or the world — either held in immigration detention centers, released into the interior United States or, in some cases, already deported to their home countries.

Sarah Fabian, a lawyer for the Department of Justice, told the judge that the government has been able to match up 83 of those toddlers to parents, but has not yet found parental ties for 19 of them. Of the parents the government has identified so far, 46 remain in immigration detention centers. Those reunifications should be completed before the Tuesday deadline, Fabian said.

But the process is likely to take longer for the dozens of parents who are not in government custody. Nineteen parents of the youngest group of children have already been deported, 19 have been released from immigration custody into the United States, and two have been found to be unfit based on past criminal history. Fabian cautioned that those numbers were approximate and could be “in flux” over the coming days.

The judge — who had in a previous order criticized the government because “migrant children [were] not accounted for with the same efficiency and accuracy as property” — did not immediately lay out a longer time frame for reunifications in those more logistically challenging cases. Sabraw instead directed the government to provide more information over the weekend and set a Monday morning hearing to reconsider the deadlines.

“It may well be that once the plaintiffs know what the reason is and what groups [of parents] it applies to, they’ll agree that a more relaxed date can apply to a certain group,” Sabraw said at the conclusion of a lengthy conference. “But no one can make any informed decision, including the court, without additional information.”

While the judge did not revise the Tuesday deadline, it remains unlikely that all “tender age” children will be reunited with their parents by that original date. The odds are particularly steep in cases where those parents have already been deported, as the government argued Thursday. Lee Gelernt, the American Civil Liberties Union lawyer arguing the case on behalf of separated parents, said countless private lawyers and other organizations have offered up their services to help speed the reunification process.

You would think that reuniting children with their parents would be the top priority. That would require people who are not evil being in charge of that.

The Trump administration is making some remarkable arguments in the on-going child/family separation cases, making it seem like they actually want to slow roll their way into making the separations permanent. As Alice Ollstein explains, the government says it needs more time to determine whether the “putative parents” (i.e., people saying they want their kids back) are in fact real parents (people with a true custodial relationship to the children in question) and further whether are fit parents. In other words, having used the criminal law to meet the very high standard required to separate children from their parents, the government is now arguing that it needs to apply a very high standard to give them back. The government is further arguing that it should not be compelled to reunify families in which parents have already been deported because of the difficulty of doing so.

This is the singular moral issue of our time. We cannot lose focus on it. And we must vote out everyone responsible for putting us here, at the very least.

“Families Belong Together”

Make some noise, then make sure everyone you know gets out and votes.

As the temperature inched to the triple digits and sweating crowds swarmed the south lawn of the Texas State Capitol, speakers declared with grief, hope, indignation and determination that the Trump administration’s immigration policies do not reflect their values.

Parents brought their children. Grandparents brought their grandchildren. College friends and church groups all stood and cheered as, one after another, immigrants, activists, doctors and religious leaders took to the stage and called for the unification of the thousands of immigrant children who were separated from their parents by the federal government when crossing into the United States. The “Families Belong Together” rally in Austin was just one of many held across the state and nation, from Houston and El Paso to Washington, D.C. and New York to Dodge City, Kansas and Missoula, Montana.

“While our president and his supporters have sought to divide us, we are here in defiance,” said Michelle Castillo of the Children’s Defense Fund of Texas, to a cheering crowd of thousands in Austin. “To see each other’s humanity. Across race, across party lines.”

[…]

Bishop Joel Martinez of the United Methodist Church told the crowd he was hopeful seeing so many people in attendance. But, he said, nothing will get accomplished unless they go out and vote.

“Those who legislate and govern must answer at the polls for their acts,” he said.

That’s exactly right, and we cannot forget it. As a child of the 70s and 80s, I grew up on horror stories about life on the wrong side of the Iron Curtain. So many times we were told about the horrible things that those repressive totalitarian governments did to the people who lived there. Well, the things we’re hearing right now, in our own country, about children being taken by force and deception, parents being told they can only get them back if they agree to be deported, preschoolers appearing by themselves in court – all of them would have been totally plausible if they’d been told about the Soviet Union by Ronald Reagan. I can’t adequately express what a fucking disgrace, embarrassment, travesty this is.

So get angry. Get inspired by the pictures of the protesters. And get fired up to vote in November. ThinkProgress and Daily Kos have more.

The family separation crisis is far from over

For one thing:

Although the zero-tolerance policy was officially announced last month, it has been in effect, in more limited form, since at least last summer. Several months ago, as cases of family separation started surfacing across the country, immigrant-rights groups began calling for the Department of Homeland Security (D.H.S.), which is in charge of immigration enforcement and border security, to create procedures for tracking families after they are split up. At the time, D.H.S. said that it would address the problem, but there is no evidence that it actually did so. Erik Hanshew, a federal public defender in El Paso, told me that the problems begin at the moment of arrest. “Our client gets arrested with his or her child out in the field. Sometimes they go together at the initial processing, sometimes they get separated right then and there for separate processing,” he said. “When we ask the Border Patrol agents at detention hearings a few days after physical arrest about the information they’ve obtained in their investigation, they tell us that the only thing they know is that the person arrested was with a kid. They don’t seem to know gender, age, or name.”

Jennifer Podkul, who is the policy director of Kids in Need of Defense, told me that advocates are trying to piece together information about the whereabouts of children based on the federal charging documents used in the parent’s immigration case. “You can try to figure out where and when the child was apprehended based on that,” she said. “But where the child is being held often has nothing to do with where she and her parent were arrested. The kids get moved around to different facilities.”

The federal departments involved in dealing with separated families have institutional agendas that diverge. Immigration and Customs Enforcement—the agency at the D.H.S. that handles immigrant parents—is designed to deport people as rapidly as it can, while O.R.R.—the office within the Department of Health and Human Services (H.H.S.) that assumes custody of the kids—is designed to release children to sponsor or foster families in the U.S. Lately, O.R.R. has been moving more slowly than usual, which has resulted in parents getting deported before their children’s cases are resolved. There’s next to no coördination between D.H.S. and H.H.S. “ice detainees are not allowed to receive calls, so any calls need to be individually arranged,” Michelle Brané, of the Women’s Refugee Commission, told me. “A phone call is not a fix for separation. It is a call, often with a very young child. A call is a Band-Aid.” A number of lawyers that I’ve spoken with described personally pressuring individual deportation officers to delay a parent’s deportation until she can be reunified with her child or, failing that, until children and parents can be deported at roughly the same time.

Remember the fuss a couple of weeks ago over Samantha Bee’s use of the c-word? This was the point she had been making, about children being lost in the system by the federal government.

For another thing:

But like so much else in Trumpland, there is how something appears, and how something actually operates in reality. In the hours between the announcement of the order and its actual release, many hailed the change as an about-face—a stunning and rare pivot for a president who has little capacity to admit error. But now that the executive order is out, what is clear is that this document offers no fix at all. The Trump administration intends to trade the practice of separating children while it prosecutes parents for another kind of horror: locking up parents and children together. And, according to the executive order, this new incarceration of families could well be indefinite.

“This Administration will initiate proceedings to enforce…criminal provisions of the INA until and unless Congress directs otherwise,” the executive order lays out. “It is also the policy of this Administration to maintain family unity, including by detaining families together where appropriate and consistent with law and available resources.”

[…]

The practice of separating children from their parents is a symptom of Attorney General Jeff Sessions’ “zero-tolerance policy” announced this spring. Under Sessions’s new rules, US attorneys now must criminally prosecute every person apprehended while attempting to enter the country between official ports of entry without proper documentation. But because many people come to the United States as families and because there are restrictions on how long children and parents may be held together, the government separated children from their parents, treating separated children as “unaccompanied minors.” The executive order does not affect that zero-tolerance policy at all; those prosecutions will continue.

Parents and babies are still going to be incarcerated while those prosecutions continue; it just appears that now they will be held together. And under the executive order, any public agency, including the Bureau of Prisons and the Department of Defense—which would mean the federal prison system and military bases—must make its facilities available for the incarceration of these families.

What’s more, the executive order announces that the Trump administration intends to petition a court to revisit the landmark 1997 Flores settlement, which set forth minimum conditions for the treatment and detention of migrant children. The centerpiece of Flores requires that children be released from government custody as quickly as possible. Separately, it requires that those who are held have access to education, health care and recreation, and that they not be kept in confinement. The Trump administration wants to dismantle those minimum child-welfare protections so that it can, in the words of the executive order, “detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.”

But, because Flores is still current law, the Department of Homeland Security is still bound by it, and cannot detain children for longer than is absolutely necessary to find a placement for them outside of detention. Therefore, “this Executive Order is a restatement of current policy, which is to prosecute, detain, and quickly deport Central American asylum seekers,” says Kerri Talbot, legislative director for Immigration Hub, a DC-based, pro-immigration umbrella group.

The new executive order is no solution. It’s just another problem, as serious as before. Donald Trump has no idea what he’s doing, but he’s doing it anyway. There’s no cause to celebrate. Don’t let these guys off the hook.

Our typically feckless state leaders

Way to set an example for the rest of us, y’all.

Gov. Greg Abbott and Lt. Gov. Dan Patrick frequently talk tough about illegal immigration, but they refuse to publicly support the Trump administration’s “zero-tolerance” policy that’s spurred outrage for ripping thousands of undocumented children out of the arms of their parents.

Neither are they criticizing it.

Texas’ top Republicans are making a calculated decision to hide from the humanitarian crisis, largely taking place on Texas soil, because they are afraid of upsetting their political base.

The governor has tried to say as little as possible about the White House policy, making only one public comment backing Trump’s argument that the children’s and parents’ traumatic experiences can be used as leverage for an immigration overhaul.

“This is horrible and this rips everyone’s hearts apart about what’s going on,” Abbott told a Dallas-area TV station. He added that Trump had offered to “end the ripping apart of these families” if Democrats agree to a new immigration law.

Abbott declined repeated requests for comment from the Houston Chronicle. Instead, his staff forwarded the statement made last weekend to NBC TV. The governor seeks to appear loyal without attracting attention to himself.

“It shouldn’t be a tightrope to do the right thing,” said John Weaver, a longtime campaign strategist from Texas who has consulted for Republicans like George H.W. Bush and now Ohio Gov. John Kasich. “It’s disappointing that we haven’t heard from the governor but not surprising. We’ve gone from Texas having very strong leaders to having leaders who are very calculating.”

[…]

Patrick never brought up the separation policy or the border when he spoke for half an hour at the Texas Republican Party convention in San Antonio on Friday. His office and campaign have not returned repeated calls for comment.

“Dan Patrick’s silence, in the face of such brutality committed on Texas soil, makes him as culpable as the administration. Morally, it’s as though he wrenched the children from their parents with his own hands,” said Mike Collier, a Democratic businessman running against Patrick for lieutenant governor in November.

As the Lone Star Project noted, Abbott has expressed his support for the Trump detention policy previously, before it became untenable for everyone this side of Ken Paxton and Sid Miller to oppose it. I suppose he and Patrick were just taking their time and hoping this would all go away, as befitting their cowardly natures, but their absence was definitely noticed.

“What is happening on the border tonight is an affront to humanity and to all that we as proud Americans hold dear,” state Rep. Jason Villalba, R-Dallas, told the American-Statesman Tuesday. “We are better than this. To watch our own governor remain silent in the face of this atrocity is an affront to all that we as Texans hold dear. As a member of the Texas Legislature, I am ashamed that my ‘so called’ leader is so controlled by his fealty to the president’s myopic vision of America that he is frightened like a feeble squirrel from taking action. It is time to act. NOW. Governor Abbott. Can you hear me?”

Both of those stories were from yesterday morning. By around lunchtime, Abbott had been forced out of his spider hole to make a few grudging remarks.

Gov. Greg Abbott is asking Texans in Congress to take bipartisan action to address the crisis of thousands of immigrant children being separated from their parents.

“This disgraceful condition must end; and it can only end with action by Congress to reform the broken immigration system,” he wrote in a letter to all members of the Texas delegation, including Republican Sens. Ted Cruz and John Cornyn.

Abbott called family separations, which are the result of a Trump administration policy announced earlier this year, “tragic and heartrending.” But he also called the separations the “latest calamity children suffer because of a broken U.S. border” — and urged members to “seize” the opportunity to work across the aisle and finally fix the problem.

“Texans are not fooled by the partisan divide on this issue,” Abbott wrote in the letter, which was obtained by The Texas Tribune. “They know that even if all Republicans agree, a bill fixing the problem will not pass without Democrat support in the Senate.”

Naturally, as befitting his craven nature, Abbott hid behind the lie that Trump was forced into the family separation policy and only Democrats could save him, to which Trump himself quickly put the lie with a hasty afternoon executive order, one that has ulterior motives. But as one Democratic Senator pointed out prior to that, it was easily within the power of even one Republican Senator to force the issue. And if Greg Abbott is sincere about wanting to keep families together and make progress on immigration, here’s a bill he could support. Don’t hold your breath would be my advice. Greg Abbott always, without fail, takes the easiest way out. Vox and ThinkProgress have more.

Mayor Turner says “No!” to the child detention warehouse

Damn right.

Mayor Sylvester Turner

Mayor Sylvester Turner called on the owner of a building east of downtown Houston and the nonprofit hoping to operate the former warehouse as a detention center for immigrant children separated from their families at the nation’s southern border to reconsider their plans.

The mayor also said he is in no rush to issue city permits at the site, and called on the state not to issue a childcare license to the 54,000-square-foot facility two blocks north of BBVA Compass Stadium for use by federal contractor Southwest Key Programs.

Turner, flanked by numerous nonprofit, religious and political leaders, said he wanted to show a unified front to protest the “unjust and immoral policy” the Trump administration began enforcing in April, when a “zero tolerance” approach began driving up the number of children removed from their parents upon crossing the border illegally.

[…]

Turner said he respects the work Southwest Key has done in the past, noting that he worked with the group’s leaders during his time in the Texas Legislature, but the mayor said these circumstances are objectionable and proclaimed he will not “be an enabler” in this process.

“I’ve done my best to try to stay clear of the national dialogue on many issues. I’ve done my best to try to focus on the issues that confront the city of Houston, recognizing that we need the partnership of the national — the feds — the state, working with the city,” Turner said. “This one is different. There comes a time when Americans, when Houstonians, when Texans have to say to those higher than ourselves: This is wrong. This is just wrong.”

You know how I feel about this. The city can take all the time it wants, double- and triple-checking on the permit, because Lord knows the state doesn’t give a damn. Everyone on Council should be behind the Mayor on this as well. It shouldn’t be that hard for anyone to do, since even a bunch of Republican members of Congress are not happy with the forced separation of children from their parentsnot that they’ll do anything about it, of course – with the notable exception of that paragon of virtue, Ken Paxton. Just don’t be fooled by Ted Cruz. The Trib and Texas Monthly have more.

UPDATE: The longer version of the story suggests how the city might slow-walk this.

Asked by a reporter if he planned to “slow-walk” the permitting process, Turner smiled. He said city fire inspectors have not visited the property and that health inspectors have yet to grant a food service permit. Code enforcement officials already have granted a certificate of occupancy, affirming that the facility meets the minimum requirements to operate as a “dormitory/shelter,” though Houston Public Works spokeswoman Alanna Reed said the paperwork connected with that application made no mention of Southwest Key, the federal Office of Refugee Resettlement or the plan to house children at the site.

Health department director Stephen Williams said there are “certain deficiencies” at the site that would need to be corrected before a permit is issued. Fire Chief Sam Pena said switching from housing adults to housing children will require a more thorough review than what the city fire marshal’s office conducted when the facility served as a shelter after Harvey.

“If it’s primarily children, having enough people there to ensure proper evacuation, proper access, because you’re dealing with a different type of juvenile person,” Pena said. “We’re going to be meticulous and judicious as far as our inspections, especially for the proposed use of this, but it’s nothing different than what we’d do for any other business.”

These things do take time, you know.

Say “No!” to warehousing “tender age” children

We cannot allow this.

The large vacant warehouse in downtown Houston has housed women and families who were once homeless and adults displaced by Hurricane Harvey.

Until now, however, it has never sheltered small children who are on their own in a strange country, many of them separated from their parents who were jailed after illegally crossing the southern border.

Southwest Key Programs, a Texas nonprofit that has a lucrative contract with the federal government to care for thousands of unaccompanied immigrant children, confirmed Friday it has signed a lease with the owner of the warehouse at 419 Emancipation Ave.

Its application with the state requests a general residential operating license to hold up to 240 children between the ages of “0 to 17.” Several stakeholders who work with immigrant minors said they have been told the facility would largely serve “tender age” children who are younger than 12, as well as pregnant and nursing teenagers.

[…]

Federal officials said Friday about 2,000 children have been separated from their parents between mid-April, when Attorney General Jeff Sessions announced the new zero-tolerance policy, and the end of May.

The sudden surge has overwhelmed the Office of Refugee Resettlement, which now has more than 11,400 children in their care in about 100 shelters across the country that are almost full. The ORR has issued calls to agencies that run such facilities for the government to see if they can increase their capacity and are considering housing children in tent-like structures on military bases, including in Texas.

“They are being required to house increasingly large numbers of very young children … who should have never gone to (the agency) in the first place,” said Jennifer Podkul, director of policy for Kids in Need of Defense, a Washington, D.C., advocacy group that provides services to unaccompanied minors.

Keeping such young children in a residential facility like the one proposed in Houston would represent a sharp shift from previous practice.

“My understanding is that the kids would be sleeping at this facility in Houston, and that’s surprising and would be a different structure than we’ve ever seen before for this type of population,” she said. “This would be the first one.”

Small children and pregnant teenagers are usually placed with foster parents who work with specialized organizations that contract with the federal government to provide such care. The minors spend their nights in a foster home and their days in a licensed facility for children, where they are provided services such as medical and legal screenings.

“Traditionally the government has relied on families and supported homestays for this population because of their special needs,” Podkul said. “Very young children can’t sleep through the night all the time. They have physical limitations because of their size. … I don’t know how you provide for that in such a large facility.”

This so-called “shelter” would be one of these:

In South Texas, pediatricians started sounding the alarm weeks ago as migrant shelters began filling up with younger children separated from their parents after they crossed the U.S.-Mexico border illegally.

The concerned pediatricians contacted Colleen Kraft, president of the American Academy of Pediatrics, and she flew to Texas and visited a shelter for migrant children in the Rio Grande Valley. There, she saw a young girl in tears. “She couldn’t have been more than 2 years old,” Kraft says. “Just crying and pounding and having a huge, huge temper tantrum. This child was just screaming, and nobody could help her. And we know why she was crying. She didn’t have her mother. She didn’t have her parent who could soothe her and take care of her.”

The number of migrant children in U.S. government custody is soaring — partly the result of a policy decision by the Trump administration to separate children from their parents who are being prosecuted for unlawful entry. Hundreds of the children being held in shelters are under age 13.

Medical professionals, members of Congress and religious leaders are calling on the Trump administration to stop separating migrant families. They question whether these shelter facilities are appropriate for younger children.

[…]

Pediatricians and immigrant advocates are warning that separating migrant children from their families can cause “toxic stress” that disrupts a child’s brain development and harms long-term health.

At the facility in South Texas, Kraft says, the staff told her that federal regulations prevented them from touching or holding the child to soothe her.

While shelter managers and other experts say there is no such rule, Kraft says the confusion underscores why these shelters are not the right place for young children — especially kids who have fled dangerous countries and who have just been separated from their parents. “By separating parents and children, we are doing irreparable harm to these children. The long-term concern of what we call toxic stress is that brains are not developed efficiently or effectively,” Kraft says. “And these children go on to have behavior problems, to have long-term medical problems.”

This is cruel and inhumane, and it is being done as a matter of deliberate policy. What kind of people want to separate parents from their children like this? CM Robert Gallegos, in whose district this would be, wrote this on Facebook:

The mayor will host a press conference early next week regarding the federal government’s proposal. While the City was not involved in the decision or notified beforehand, we will advocate for these children and do all we can to ensure they are cared for with compassion and dignity. Children should be with their families, not warehoused in a detention center hundreds of miles away from their parents. The Trump administration’s inhumane policy of separating families is shameful and goes against the very values our nation was founded on.

Sen. Sylvia Garcia released this statement:

This week it was discovered that federal authorities, in conjunction with contracted private partners, have signed a lease to open a baby jail to detain child immigrants just east of downtown Houston. State Senator Sylvia Garcia issued the following statement in reaction:

“Now is the time to gather together to stop this baby jail before a single child seeking refuge is locked up in our city. The Trump administration has made it clear that it will rip children away from their parents despite legal and child development experts telling them that it is unnecessary and known to cause lifelong harm. No law requires this. Humanity demands compassion. We must say as a community with one voice that jailing children away from their parents is wrong, it should not happen anywhere, and we as Houstonians will not allow it to happen here. Not now. Not ever.”

We need to hear from all of our elected officials. This is an abomination, and we cannot let it happen.

Justice Department won’t defend DACA, either

Even less of a surprise.

Agreeing with a lawsuit filed by the state of Texas against the Trump administration to end the Deferred Action for Childhood Arrivals program, the U.S. Justice Department told the courts late Friday the program should be terminated.

Texas Attorney General Ken Paxton sued the administration May 1, alleging the Obama-era program was unconstitutional.

[…]

The Department of Justice said in its filing Friday that DACA is unlawful because it violates the U.S. Constitution in the same way the ill-fated 2014 Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, did. That program that was never implemented after Texas and a coalition of states successfully challenged it in court.

“In sum, as the [U.S.] Attorney General correctly advised DHS, DACA is unlawful because it is an open-ended circumvention of immigration laws that shares the same legal defects that DAPA (and expanded DACA) did,” the filing states.

The DOJ asks that if Texas’ request to halt the program is granted, that the court delay its ruling for two weeks to seek immediate relief from the other court rulings that have mandated the federal government keep the DACA program.

“The DACA litigation brings into sharp focus the problems with nationwide injunctions, and the United States continues to maintain that injunctions that are broader than necessary to redress the plaintiffs’ own injuries are improper,” the DOJ attorneys wrote.

See here for the background. The complaint about nationwide injunctions is kind of precious, since that’s what Paxton is seeking here and has sought in other litigation, which is why he picked this particular court for his filing. This is now the second major Paxton-filed lawsuit that the Justice Department has washed it hands of. MALDEF was allowed to intervene in this lawsuit on behalf of a group of DREAMers in May, so DACA will be defended, no doubt more vigorously than the Justice Department would have done anyway. It’s still a crappy and dangerous thing to do, to pick and choose what laws are worth defending.

On a side note:

In total, the seven states that are part of the lawsuit would lose an estimated $6.9 billion in annual gross domestic product loss by kicking DACA recipients out of the labor force in the respective states. The bulk of these losses would be concentrated in Texas, which stands to lose $6 billion from its annual GDP.

[…]

The seven states suing the Trump administration stand to lose an estimated $369 million annually in state and local tax revenue they currently receive. Texas would lose the most at $313 million in revenue annually.

You know, just in case you needed another reason to think that killing DACA is a really bad idea. Link via Daily Kos.

Dreamers can litigate in support of DACA

Good.

A federal district judge has allowed a group of young undocumented immigrants to intervene in a lawsuit where the state of Texas seeks to put an end to the 2012 Deferred Action for Childhood Arrivals, or DACA, program.

Brownsville-based U.S. District Judge Andrew Hanen will allow the Mexican American Legal Defense and Educational Fund to represent the group of young “Dreamers,” the common term for young undocumented immigrants who were brought to the country as children and have lived here most of their lives. They argue they would be irreparably harmed if the popular Obama-era program ends. The initiative shields recipients from deportation and allows them a renewable, two-year work permit.

The decision Tuesday comes after Texas Attorney General Ken Paxton made good earlier this month on a long-standing promise to sue the Trump administration with the hopes of ending the program, alleging it is unconstitutional. Neither side opposed the intervention, according to a MALDEF press release.

[…]

MALDEF officials have said the intervention is necessary because Texas and the Trump administration are in lockstep in their efforts to see the program eliminated.

“Today’s order of intervention ensures that this case will not go forward as a sweetheart arrangement between non-adversaries who agree with each other on almost every relevant issue,” Thomas A. Saenz, MALDEF’s president and general counsel, said in a statement. “Interveners and their counsel will present a vigorous defense of DACA, an initiative in effect for many years and from which Texas and every other state have benefited.”

See here for the background, and here for the MALDEF press release. This is not the first time we’ve seen a group of stakeholders who had not been directly involved in a lawsuit for which the federal government was a party ask to be included because they didn’t have any faith that the Trump Justice Department would litigate in good faith. If there was ever a case for which the affected parties needed vigorous representation, this is it. Here’s hoping for the best.

The “sanctuary cities” connection to the SCOTUS sports betting decision

The state’s rights aspect of this ruling may have other applications.

Seven of the nine justices — five conservatives and two liberals — backed a robust reading of the Constitution’s 10th Amendment and a limit on the federal government’s power to force the states go along with Washington’s wishes.

The federal anti-gambling law is unconstitutional because “it unequivocally dictates what a state legislature may and may not do,” Justice Samuel Alito wrote in his majority opinion. “It’s as if federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals.”

There is a direct link between the court’s decision in the sports betting case and the administration’s effort to punish local governments that resist Trump’s immigration enforcement policies, several legal commentators said.

“The court ruled definitively that the federal government can’t force states to enforce federal law. In the immigration context, this means it can’t require state or local officials to cooperate with federal immigration authorities,” said Ilya Shapiro, a senior fellow in constitutional studies at the libertarian Cato Institute.

Omar Jadwat, director of the ACLU’s immigrants’ rights project, said the ruling reinforced decisions from the 1990s, including one that struck down part of a federal gun control law that required local police to determine if buyers were fit to own handguns.

“It reiterates that the real thrust of the 10th Amendment and the principles of law in this area is that the fed government can’t tell the states or cities how to legislate,” Jadwat said. The amendment says that powers not specifically given to the federal government belong to the states.

See here for the background. This is only directly applicable to the feds attempting to force a local government to enforce immigration laws, not to the state trying to do the same to cities or counties. In other words, it’s not really on point for the SB4 litigation, but that doesn’t mean it won’t play a role somehow. At least, that’s my totally uninformed non-lawyer’s guess. Whatever else the case, putting some limits on Jeff Sessions is a good thing. Slate and ThinkProgress have more.

Paxton sues to end DACA

This guy, I swear.

Best mugshot ever

Following through on a months-old promise, Texas Attorney General Ken Paxton filed a lawsuit Tuesday to end the Deferred Action for Childhood Arrivals program, leading a seven-state coalition against an Obama-era immigration measure that protects hundreds of thousands of immigrants nationwide from deportation, including more than 120,000 in Texas.

Paxton first threatened in June 2017 to sue over the program if President Donald Trump’s administration had not ended it by September. After federal court rulings blocked the Trump administration’s efforts to end the program, Paxton wrote in January that he would consider filing suit if DACA still stood in June.

But a recent ruling in favor of DACA seems to have shifted up Paxton’s timeline. The announcement comes exactly a week after a federal judge in Washington, D.C. ordered the Trump administration to continue the program and reopen it to new applicants. That was the third — and by far the strongest — rebuke of Trump’s efforts to rescind the program. Judges in California and New York had previously ordered the administration to renew work permits for immigrants enrolled in the program.

[…]

Liberal groups and lawmakers quickly condemned Paxton’s lawsuit, with state Rep. Rafael Anchia calling it “not only bad policy, it’s bad politics.”

“Instead of wasting taxpayer funds to pick on these Americans without status, the Attorney General should join the bipartisan chorus calling on Congress to fix a broken immigration system that denies these kids their rightful place at the American table,” said Anchia, a Dallas Democrat who chairs the Mexican American Legislative Caucus.

Ending the program would cost Texas more than 100,000 workers and nearly billions of dollars in GDP losses, MALC said in a press release. Ending DACA will lead to “the separation of countless families,” said Cristina Tzintzun, the founder of Jolt Texas, a new group working to mobilize young Latino voters.

Paxton warned Tuesday that conceding the presidential power to establish a program like DACA sets a dangerous precedent that could allow executives to “ignore the will of the people” and set their own policies on a long list of policy points. Paxton also criticized “activist judges” in federal court for keeping in place an “unconstitutional” law.

See here for some background. There really is no dimension along which destroying DACA is a good idea, not that such things matter to the likes of Paxton. DACA also polls really well, including among Republicans, which may be why Paxton could only round up five co-conspirators this time. And you know, the guy who goes court-shopping for nationwide injunctions against laws he doesn’t like can take that “activist judges” crap and stick it where the sun don’t shine. I never thought I’d want to see someone get convicted of a felony more than I wanted to see Tom DeLay get convicted of a felony, but I really really want to see Ken Paxton get convicted of a felony. The Chron and RG Ratcliffe have more.

From the “Answering my own rhetorical question” department

Nobody could have seen this coming!

Best mugshot ever

Ever since Texas’s “sanctuary cities” ban was first proposed in late 2016, the measure’s Republican backers have painted it as a public safety measure targeting criminals — without racist or anti-immigrant intent. But records obtained by the Observer reveal that some of the Texas citizens most supportive of the law apparently never got the memo.

Senate Bill 4, among other things, threatens local law enforcement officials who impede cooperation with federal immigration agents with fines, jail time and removal from office. To prosecute wayward officials, the law requires citizens to report violations of SB 4 to the Texas Attorney General’s Office. Attorney General Ken Paxton formally began accepting complaints in September, but the records include a stream of phone calls and emails beginning last February. Of 43 total formal and informal complaints so far, most veered wildly from SB 4’s supposed intent, expressing instead resentment of immigrants and even threatening violence.

“These comments are disturbing to read,” said state Senator José Rodríguez, an El Paso Democrat and staunch SB 4 opponent. Rodríguez called them part of a general shift toward viewing immigrants in a “national security framework” rather than a human rights one, adding that “during the SB 4 debate, we warned that the attorney general would receive frivolous, anti-immigrant complaints such as these.”

See here for the background, and click over for the entirely predictable stream of garbage that ensued. In a world where Ken Paxton felt shame he would no doubt be red-faced over this, but we do not live in that world. I don’t know what else there is to say.

One other thing:

Out of the dozens who communicated with Paxton’s office, only five followed the guidelines laid out in SB 4 by swearing their complaints before a notary or submitting an “unsworn declaration.” Four of the five centered on a high-profile incident involving San Antonio Police Chief William McManus — currently the focus of the only investigation of a potential SB 4 violation.

In late December, an SAPD officer encountered what appeared to be 12 immigrants being smuggled into the country in an 18-wheeler. When McManus arrived on the scene, he made the unusual decision to charge the truck’s driver using a state smuggling statute rather than turn him over to the feds. After questioning, McManus released the immigrants to a local nonprofit, effectively shielding them from Immigration and Customs Enforcement (ICE).

That set off a firestorm: The head of the local police union called for McManus to be put on administrative leave; Lieutenant Governor Dan Patrick urged Paxton to investigate whether McManus violated SB 4; and Paxton informed city officials on January 10 that he had received “several” complaints and was launching an investigation.

But will anything come of this taxpayer-funded investigation? SB 4 — which is still being fought over in the courts — forbids any local policy that bans or “materially limits” cooperation between law enforcement and federal immigration authorities, and forces jailers to extend detention of undocumented immigrants at the request of ICE.

McManus says his choice was an isolated decision that didn’t represent a new policy and that an ICE agent had every opportunity to intervene and take the individuals into custody. An ICE spokesperson has contradicted that, telling the San Antonio Express-News that the agency offered assistance and was rebuffed.

Vera, the LULAC attorney, said that the chief’s decision wouldn’t violate SB 4 because it didn’t represent a policy of non-cooperation. “[Paxton] doesn’t have a case,” he told the Observer. “If he had a case, he would’ve filed it already.”

See here for the background. Sometimes it’s just better to think of this all as a third-rate costume drama, available for streaming at CBS All Access or some such. Just let go and lean into the absurdity.

Going back to the Fifth Circuit on SB4

Gotta hope for the best.

Opponents of the state’s immigration enforcement legislation have asked a federal appeals court to reconsider a decision that allowed most of the controversial measure to go into effect.

Attorneys with the American Civil Liberties Union, Travis County and the city of Austin on Tuesday asked the 5th Circuit Court of Appeals to rehear the case en banc, which means the entire court would consider the lawsuit. The move comes two weeks after a three-judge panel of the same court allowed most of the law, Senate Bill 4, to go into effect after major portions were initially blocked by a federal district judge in August. The ACLU represents the small border city of El Cenizo, which was the first to file suit last year to stop SB 4’s implementation days after Gov. Greg Abbott signed it into law.

[…]

The list of local entities that have previously filed suit against SB 4 also includes El Paso, Maverick and Bexar counties, the cities of El Paso, San Antonio and Houston, among others. Nina Perales, the vice president of litigation for the Mexican American Legal Defense and Educational Fund, or MALDEF, said if the 5th Circuit agrees to hear the case, all parties to the suit will become involved. MALDEF represents the cities of San Antonio and El Paso, as well as Bexar County, in the litigation.

“We are all supporting each other’s efforts and working together in close collaboration and putting our resources in a two-pronged strategy,” she said.

The other angle is preparing for the trial at the district level, where Garcia will hear arguments over the bill’s constitutionality. Perales said it’s unclear when — or if — the 5th Circuit will come down with a decision on Tuesday’s petition. Another option is to ask the U.S. Supreme Court to consider the injunction, but Perales said plaintiffs have to wait on the appellate court to act before considering that move.

“It’s like a decision tree, and we won’t know what options are available to us until the 5th Circuit responds,” she said.

See here and here for the background. On the one hand, the Fifth Circuit is where dreams go to die, but on the other hand that three-judge panel was about as right-wing as it gets. It’s at least possible they don’t represent the majority opinion on the full court. May as well take a shot at a better result.

More on the status of SB4

Ed Sills sent this one-pager from MALDEF to his mailing list; there’s no link and I couldn’t find it on the MALDEF webpage, so I’m just going to copy and paste here:

What did the Fifth Circuit Court decide?

On March 13, 2018, the U.S. Court of Appeals for the Fifth Circuit issued its ruling on whether SB4 should be allowed to take effect while the lawsuit moves through court. Most of SB4 is in effect today. The Fifth Circuit decision allows most of SB4 to remain in effect, but keeps part of SB4 blocked. In addition, the Fifth Circuit stated several important limitations on SB4.

What is the status of SB4 after the Fifth Circuit decision?

  • Elected officials are allowed to criticize SB4 and speak favorably about immigration reform without the fear of being punished. The Fifth Circuit ruled that SB4’s prohibition on speech about immigration is likely to be unconstitutional.
  • Cities and counties can adopt immigration-neutral policies that preserve scarce local resources. This means that cities and counties can direct their police officers to focus on local priorities such as keeping the community safe and maintaining community trust.
  • Cities and counties cannot bar their police officers and employees from assisting or cooperating with federal agents on immigration enforcement. However, local officials can only cooperate with federal agents when federal agents ask for help. Local officials cannot act on their own. Local officials also must act under federal direction and supervision.
  • Cities and counties cannot prohibit their employees or local police officers from questioning a detained person’s immigration status. However, local officers must still comply with the Constitution. For example, a local officer cannot decide on his own to arrest an individual simply for being undocumented. Local officers cannot stop individuals because of their race or detain individuals for prolonged periods of time.
  • SB4’s mandate to comply with ICE detainers remains in effect. However, jail officers must review detainers and can refuse a detainer if they know a detainee is authorized to be present in the United States or if the detainer does not follow ICE rules.

Where are we in this case?

The Fifth Circuit’s March 13, 2018 decision on the preliminary injunction is temporary. The district court will make a decision in the case after a trial. The March 13, 2018 decision from the Fifth Circuit remains in effect until a new court ruling is issued.

What can I do to help?

Contact MALDEF Staff Attorney Fátima Menéndez at [email protected] with any reports of local officers making immigration arrests or a jail detaining a person after that person has posted bail.

See here for the background. This Trib story discusses the legal strategy.

Attorneys and immigrants’ rights groups who fought against SB 4 said their next move isn’t clear but that they’re considering seeking a hearing before the entire 5th Circuit.

“There are a lot of parties [involved], so we are coordinating on this,” Efrén Olivares, the racial and economic justice director for the Texas Civil Rights Project, told reporters during a conference call. “But procedurally, the next step would be to request an en banc hearing.” There is also the possibility of asking the U.S. Supreme Court, he said.

The plaintiffs’ attorneys admitted Wednesday that they were not surprised at the ruling due to the 5th Circuit’s conservative leanings, so it’s unclear how much faith they will have in pleading their case before the entire court. But, they said, there remains the option to show that in its implementation, SB 4 leads to several constitutional violations.

[…]

Olivares said that while the next step in the appeals process is being considered, the lawyers and their supporters will also prepare for the case to head back to San Antonio. Tuesday’s ruling was only on the temporary injunction of SB 4; now, the district court is set to consider the law itself.

It’s not so much that the Fifth Circuit is conservative but that the specific three-judge panel that heard this appeal was made up of some of its most conservative members. Any time you draw Edith Jones and Jerry Smith, you can probably predict the outcome, and it ain’t gonna be pretty. There’s at least a chance the en banc appeal could get a different result. Beyond that, I’d say focusing on the case on the merits is probably the best thing to do. Either way, it still sucks.

Fifth Circuit lets most of SB4 remain in place

Ugh.

A panel of three U.S. 5th Circuit Court of Appeals judges ruled Tuesday that most of the state’s immigration enforcement legislation, Senate Bill 4, can remain in effect while the case plays out, handing a victory to Gov. Greg Abbott and Republican supporters of the legislation.

As passed, Senate Bill 4 allows local law enforcement officers to question the immigration status of people they detain or arrest and punishes local government department heads and elected officials who don’t cooperate with federal immigration “detainers” — requests by agents to turn over immigrants subject to possible deportation — in the form of jail time and penalties that exceed $25,000.

The one part of SB 4 that is still on hold is a provision that punishes local officials from “adopting, enforcing or endorsing” policies that specifically prohibit or limit enforcement of immigration laws. The judges kept that injunction in place, but said it only applies to the word “endorse.” The bill, as passed and signed, would have made elected and appointed officials subject to a fine, jail time and possible removal from office for violating all or parts of the legislation.

The American Civil Liberties Union of Texas, which represents some of the plaintiffs in the SB 4 case, said it was considering how to move forward.

“The court made clear that we remain free to challenge the manner in which the law is implemented, so we will be monitoring the situation on the ground closely,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project.

See here, here, and here for the background. This one is destined for the Supreme Court, but in the meantime it can’t hurt to ask for an en banc review, as this wasn’t the friendliest three judge panel. This is still the injunction phase, not the trial on the merits, so no matter what there’s still a long road ahead. A copy of the ruling is here, and Texas Monthly has more.

Action alert: Rally at Culberson’s office for a clean DREAM Act

From the inbox:

Mothers, children, and other allies will gather in front of John Culberson’s office to demand a Clean DREAM Act this Thursday at 4 PM. The gathering will feature remarks from children of mixed status parents and mothers who are enraged at government support for tearing apart families in our communities.

In spite of the fact that 76% of the American people support a clean DREAM Act- as does the majority of Congress- our Houston area congressional representatives such as John Culberson continue to cater to extremists and the White House instead of doing what is right.

We say ENOUGH.

Moms, children, and other community allies are ENRAGED.

Join us this Thursday, February 22 nd at 4 PM, at John Culberson’s office located at 10000 Memorial Dr. to DEMAND a Clean DREAM Act NOW. In the wake of Hurricane Harvey and so many other challenges, when so many have lost their homes and their belongings, and some have lost loved ones, our reps MUST not only bring actual support for those who are hurting but also STOP the anti-family agenda that endangers our friends and neighbors.

#CleanDREAMActNow

Who: Indivisible Houston, Pantsuit Republic Houston
What: Solidarity Action
When: Thursday, February 22, 2018, 4 PM-5:30PM
Where: John Culberson’s Houston Office, 10000 Memorial Dr.

There’s a Facebook event for this here, and here’s a map for the location. Go vote and go rally, you’ll be glad you did.

Dan Patrick wants SAPD Chief arrested

Bring it on.

Texas Lt. Gov. Dan Patrick on Wednesday asked the state’s attorney general to determine if the chief of the San Antonio Police Department violated the state’s immigration-enforcement law during a human smuggling incident.

Late last month, San Antonio Police Chief William McManus said officers arrested the driver of a tractor-trailer after a passerby saw people being unloaded from the vehicle and flagged down a police unit, the San Antonio Express-News reported.

Officers charged Herbert Nichols, 58, under a state statute that makes knowingly transporting persons in the country illegally a crime, instead of turning the case over to federal agents with Immigration and Customs Enforcement. The immigrants were interviewed and released to a Catholic charity.

During a subsequent news conference, McManus said it could have been a state or federal charge but that he chose to go with the state charge because officers were waiting to see how to move forward.

In a letter, Patrick asked Attorney General Ken Paxton to investigate whether the department violated any portion of the state’s Senate Bill 4, a controversial and sweeping immigration enforcement bill passed by the Texas Legislature last year.

“I am very troubled by the recent news reports of the San Antonio police chief releasing suspected illegal immigrants in a case of human trafficking or human smuggling without proper investigation, identification of witnesses, or cooperation with federal authorities,” Patrick wrote. “Such action could be in direct violation of the recently passed Senate Bill 4 and threatens the safety of citizens and law enforcement.”

It’s unclear exactly which provision of the SB 4 Patrick alleges McManus violated. As passed, SB 4 allows local law enforcement officers to question the immigration status of people they detain or arrest and punishes local government department heads and elected officials who don’t cooperate with federal immigration “detainers” — requests by agents to turn over immigrants subject to possible deportation — in the form of jail time and fines.

Chief McManus, backed by San Antonio Mayor Ron Nirenberg, strongly disputes Patrick’s allegation. I kind of doubt Danno cares about the details. He’s looking to send a message. Keep an eye on this. The Current has more.

Federal court permanently blocks Trump “sanctuary cities” order

Good.

A federal judge has permanently blocked President Trump’s efforts to bar cities that limit cooperation with U.S. immigration forces from receiving funding, the most decisive blow yet to the White House’s efforts to crack down on so-called sanctuary cities.

In a ruling issued Monday, U.S. District Court Judge William Orrick ruled Trump’s January executive order seeking to cut off sanctuary cities from federal funding unconstitutional. The same judge put a hold on the executive order in April.

“The Constitution vests the spending powers in Congress, not the President, so the Executive Order cannot constitutionally place new conditions on federal funds,” Orrick wrote in the latest decision. “Further, the Tenth Amendment requires that conditions on federal funds be unambiguous and timely made; that they bear some relation to the funds at issue; and that they not be unduly coercive. Federal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the President disapproves.”

Orrick called Trump’s move “unconstitutional on its face.”

See here for the background. This is not directly related to the SB4 litigation – among other things, this lawsuit didn’t originate in Texas – but it is a mark against the attempt to force cities to enforce immigration law. It’s also good news on its own. Let’s hope it stands up on appeal. The Washington Post has more.

That decline in international students is here

We knew it was coming.

UHCL is among several universities around Texas that this year have seen a sharp drop in international enrollment, as the number of international student applications to four-year public universities has plummeted by more than 10,000 after three years of growth, according to recently compiled data.

Experts and college administrators blame a number of factors, including President Donald Trump’s anti-immigrant rhetoric during the 2016 campaign and in office, as well as the global economy.

The decline is significant because regional universities such as UHCL depend more on tuition revenue amid uncertain state funding from Texas lawmakers. International students pay higher tuition than in-state students, and their decline is forcing some Texas campuses to question if – and how – to recruit them moving forward.

“When we were seeing heavy (enrollment by) international graduate students, we had a lot more revenue,” said Jean Carr, UHCL’s executive budget director. “Now, seeing the decline, we’re having to figure out how to cover that shortfall.”

[…]

Universities tried to stem the decline in international students. Colleges extended deadlines, offered more support in the application process and launched marketing campaigns that told prospective students that they were welcome in Texas.

It wasn’t enough.

Overall, about three-quarters of four-year public universities in Texas saw declines in international student enrollment this fall, a Houston Chronicle review of preliminary university data found.

About 23 percent of the 35 institutions saw an uptick in international students. Two institutions either reported no change or did not report preliminary enrollment figures.

From 2013 to 2015, international student enrollment in reporting Texas schools grew from 36,703 to 45,609 students. International student enrollment declined slightly in 2016 and then dropped by more than 2,000 students this fall.

Some of the sharpest declines came at regional universities that lack the name recognition of universities with large-scale athletic programs or top-of-the-line research heft.

The University of Texas Rio Grande Valley lost more than 100 international students, a 14 percent decline. Texas A&M University at Commerce saw a drop of more than 180 students (a 22 percent drop), while Lamar University in Beaumont lost more than 350 international students (a 37 percent reduction).

Meanwhile, Texas A&M University and the University of Texas at Austin saw small increases in international student enrollment of less than 2 percent each.

See here for the background. This is one of those things that I fear once we lose it we’ll never get it back, at least not to where it was before. At the national level, and at the state level, we have made ourselves worse off for no good reason and no benefit in return. This is just one example of far too many.

SB4 at the Fifth Circuit

Hoping for the best as always, but the Fifth Circuit has a way of stomping on that.

Tuesday’s hearing was on whether U.S. District Judge Orlando Garcia’s August decision to block several of the law’s provisions should stand while the case meanders through the court system.

[…]

In late August, Garcia halted several parts of the law, including the provision that requires jail officials to honor all detainers. He also blocked sections that prohibit local entities from pursuing or endorsing “a pattern or practice that ‘materially limits’ the enforcement of immigration laws” and another that prohibits “assisting or cooperating” with federal immigration officers as reasonable or necessary.

But a separate panel in New Orleans ruled the detainer provision could stand until an ultimate determination is made. The panel also determined that law enforcement officers, including campus police, with “authority that may impact immigration” cannot be prevented from assisting federal immigration officers. That ruling is what’s on the books until a decision on Tuesday’s arguments is reached.

Judge Edith Jones, who was appointed to the post by President Ronald Reagan, asked Texas Solicitor General Scott Keller Tuesday about the “endorsement” provision and whether that section of the law was too far-reaching.

“An elected official, like a sheriff or a county judge, certainly have more latitude to speak [against state policies], don’t they?” she asked.

But Keller said the state has modified several times what the definition of “endorse” means and that it applies to actions officials take in a “governmental capacity” to prevent enforcement of immigration laws.

“It has to be a use of government power to sanction or ratify a policy,” he said. “Let’s say an official were to say they disagreed that with the policies underlying SB 4. That would not be sanctioning or ratifying a [government policy].”

Keller also pushed back against the claim that the language of the law was too vague and didn’t provide enough guidance to law enforcement officials. He said the plaintiffs’ own admissions that current practices would be upended should SB 4 go into effect proved they know what the law does and doesn’t do.

“Here plaintiffs have conceded that various policies that they have would in fact be prohibited by SB 4,” he said. “That concession alone means a facial vagueness claim cannot stand.”

But Lee Gelernt, an attorney with the American Civil Liberties Union representing the city of El Cenizo, a small municipality in Webb County, said the state of Texas keeps changing it’s definition of what constitutes “materially limiting” cooperation, which implies the state knows the language is flawed.

“One of the critical aspects is that Texas has never been able to settle on an interpretation of the law,” he said. “Every time Texas comes to court, they say it’s obvious what it means for a sheriff to materially limit immigration enforcement. But on the other hand, every time we get to a new court, they change their interpretation, so it’s not clear.”

The panel also raised the issue of whether SB 4 was unconstitutional because immigration enforcement is largely under the purview of the federal government. Nina Perales, vice president of litigation for the Mexican American Legal Defense and Educational Fund, which represents several of the plaintiffs, said there is federal guidance on what local law enforcement can do but that SB 4 exceeds that.

See here for the background. The panel is all Republican appointees, with Edith Jones being the worst of the lot, so I can’t say I feel terribly optimistic. But the plaintiffs’ attorneys are as good as they come, and there are previous rulings, including from SCOTUS, to lean on. We’ll know when the Fifth Circuit is damn good and ready to tell us. The Chron has more.

Ken Paxton REALLY wants your “sanctuary complaints”

What could possibly go wrong?

Best mugshot ever

Texans who suspect their elected or appointed officials of enforcing policies that protect undocumented immigrants can now file an official complaint with the office of the state’s top prosecutor.

Attorney General Ken Paxton on Tuesday announced his office is accepting sworn complaints against “sanctuary” jurisdictions that prohibit local police from cooperating with federal immigration authorities. The announcement comes after Monday’s decision by a three-judge panel of the U.S. 5th Circuit Court of Appeals that parts of the state’s immigration enforcement legislation, Senate Bill 4, can go into effect while the case plays out on appeal.

As passed, the law calls for civil penalties of up to $25,000 per day on local jurisdictions that violate its provisions. The officials are also eligible for removal from office.

[…]

Paxton said complaints could also be lodged against officials who adopt policies that prevent officers from assisting, cooperating or exchanging information with federal immigration officials.

The court ruled that officers cannot be prohibited from assisting or cooperating with the federal officials but that the language in the bill that prohibits “materially limiting” cooperation was too vague. That decision also drew mixed reviews.

“Local jurisdictions cannot flatly prohibit their employees from immigration enforcement or questioning,” [Nina Perales, VP of litigation for MALDEF] said. “But local jurisdictions are still allowed to set priorities.”

Yeah, there’s no conceivable way any of this could be used as a political vendetta against someone. I’m sure Ken Paxton will investigate any complaints with wisdom and impartiality. Like I said, what could possibly go wrong?

Fifth Circuit partially unblocks SB4

Terrible.

A panel of three appellate judges ruled on Monday that parts of the state’s immigration enforcement legislation, Senate Bill 4, can go into effect while the case plays out on appeal.

Last month, U.S. District Judge Orlando Garcia halted the part of the bill that requires jail officials to honor all detainers. He also blocked other sections that prohibit local entities from pursuing “a pattern or practice that ‘materially limits’ the enforcement of immigration laws” and another that prohibits “assisting or cooperating” with federal immigration officers as reasonable or necessary.

While a hearing on the state’s appeal of that ruling is scheduled for Nov. 6, a panel of U.S. 5th Circuit Court of Appeals judges ruled Monday that the detainer provision can stand for now. The panel ruled, however, that based on its interpretation of the law, the part that requires local jails to “comply with, honor and fulfill” detainers does not require detention based on every detainer issued.

“The ‘comply with, honor, and fulfill’ requirement does not require detention pursuant to every ICE detainer request,” the panel wrote. “Rather, the ‘comply with, honor, and fulfill’ provision mandates that local agencies cooperate according to existing ICE detainer practice and law.” The court also ruled that jails do not need to comply if a person under a detainer request provides proof of lawful presence.

The appellate court also ruled that local and college police officers with “authority that may impact immigration” cannot be prevented from assisting federal immigration officers. It said the state was likely to win those arguments during a subsequent hearing and argued the issue has already been settled in an earlier U.S. Supreme Court decision, Arizona v. United States.

But the 5th Circuit also said that portions of the measure that prevent “materially limiting” cooperation with immigration officials were too vague. The court held that the word “limit” could be too broadly interpreted and left a decision on that up to the subsequent panel.

The court offered a mixed ruling on another controversial item in the bill, a section of the law that prevents local governments from “adopting, enforcing or endorsing” policies that specifically prohibit or limit enforcement of immigration laws. The judges kept that injunction in place, but said it only applies to the word “endorse.” The bill, as passed and signed, would have made elected and appointed officials subject to a fine, jail time and possible removal from office for violating all or parts of the legislation. Opponents keyed in on the “endorsement” provision as something that would open up most officials to possible fines and jail time.

See here, here, and here for the background. I hate to say this could have been worse, because I agree with State Rep. Eddie Rodriguez in his statement that “No part of SB 4 should be allowed to take effect”, but it could have been worse. Even this limited ruling cracks the door open for the whole thing to be let through. I presume the plaintiffs will ask the whole court to reconsider, and will appeal to SCOTUS if they don’t succeed; the state will of course appeal if they do. In the meantime, there’s a whole lot more fighting to come, and a much darker cloud of fear for the many people who will be directly affected by this ruling. I know I harp on this a lot, but nothing is going to change until we change who we elect. The Observer and Texas Monthly, which has a great profile of Domésticas Unidas, one of the groups leading the resistance to SB4, have more.

Fifth Circuit hears SB4 injunction arguments

Big day in court.

The immediate future of Texas’ immigration enforcement law hinges on whether a three-judge panel in New Orleans was swayed Friday by the state’s attorneys that the legislation is essential to public safety and should not have been partially blocked by a federal judge days before it was scheduled to go into effect.

Attorneys on both sides of the issue used most of their allotted 40 minutes on Friday before the U.S. 5th Circuit Court of Appeals debating two major provisions of Senate Bill 4: whether local governments can be required to honor all ICE detainers, and whether local governments can be required to assist immigration officers on other matters.

[…]

Last month, U.S. District Judge Orlando Garcia halted the part of the bill that required jail officials to honor all detainers. He also blocked other sections that prohibit local entities from pursuing “a pattern or practice that ‘materially limits’ the enforcement of immigration laws” and another that prohibits “assisting or cooperating” with federal immigration officers as reasonable or necessary.

The Texas Attorney General’s office is asking the 5th Circuit court to lift those blocks while the case winds through the appeals process.

See here and here for the background. There’s too much argument to excerpt, so go read the whole thing. The main thing to keep in mind is that this is about whether or not the “sanctuary cities” law can be enforced while the litigation is ongoing. The injunction was put in place before enforcement was set to begin, so from that perspective things are no different today than they were before SB4 was passed. In practice, of course, things are very different, with immigrant communities living in terror as the state argues that they’re the cause of all our problems. The Fifth Circuit is on its own timeline for a ruling on the injunction, while there will be a hearing in early November for more arguments on the injunction and whether the case should proceed on its merits. In the meantime, we wait. The Current has more.