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What kind of laws might have helped mitigate our recent violent incidents?

The DMN asks a good question.

Texas politicians are looking anew at ways to reduce gun violence in the wake of the recent mass shootings in El Paso and Odessa. Dozens of policies, from the piecemeal to the comprehensive, have been proposed.

But would any have applied to the four massacres Texans have experienced since November 2017? The Dallas Morning News sought to answer this question by breaking down the circumstances behind some of the shootings to learn which preventive measures, criminal penalties or enforcement mechanisms would have applied in each case.

The News then compared these measures to the proposals Texas elected officials are now discussing and have proposed in the past, in addition to similar laws in other states. Here’s what we found.

In order, they suggest the following:

Midland-Odessa shooting: Private gun sales
El Paso shooting: Welfare checks and red flag laws
Santa Fe shooting: Child access prevention laws
Sutherland Springs: Domestic violence laws

To me, “gun control” is a lot like cyber security. You can’t just do one thing and expect it to be sufficient. Any robust cyber security program in an enterprise includes patching, vulnerability scans, firewalls, intrusion detection, anti-virus software, a control framework, incident detection and response, and so much more. There’s overlap and redundancy, with the philosophy being that if one thing doesn’t do it the next thing will. This article is a good illustration of how the metaphor applies to gun violence. There is no one single solution. There are many tactics and strategies that work together. We need to understand that or we’ll never make any progress.

Other counties also considering property tax rate hikes

I have four things to say about this.

A statewide property tax relief plan that takes effect next year is prompting hefty tax increases this fall in many of the biggest cities and counties in Texas, even in places that have historically kept rates flat or decreased them.

Elected officials in some cities and counties say they have no choice but to raise taxes as high as they can this year to brace for the implementation of property tax reforms that Republican Gov. Greg Abbott and the Texas Legislature called historic earlier this summer. The average effective tax rate for single-family homes in Texas was 2.18 percent in 2018, third-highest in the nation, according to a study by ATTOM Data Solutions.

Starting next year, cities and counties will be barred from increasing property tax collections more than 3.5 percent in any year without a vote of the public. Currently, the state has an 8-percent limit, called the rollback rate, that state lawmakers say has allowed cities and counties to overtax homeowners. The lack of a state income tax makes Texas municipalities especially reliant on property tax revenue.

A look around the state shows many counties and cities are pushing rates to the 8-percent rollback rate this year to bank money or, in a few cases, even to fund pay raises for themselves, in reaction to the new law. El Paso, Harris, Tarrant, Webb and Travis counties are among those pushing to the current rollback rate, or near it. And cities including El Paso, Arlington, Corpus Christi and Austin are similarly considering rates at or near the 8-percent limit.

“I think a lot of cities and counties know that we are putting them on a diet and they are going on one last bender before it happens,” said State Rep. Dustin Burrows, R-Lubbock, who was a key player in crafting the property tax reforms as the leader of the House Ways and Means Committee.

[…]

In Harris County, which hasn’t raised the tax rate in decades, county officials say the state’s new restrictions are forcing them to react by raising the tax rate by 2.26 cents per $100 of assessed value. County Judge Lina Hidalgo said the county needs to create a contingency fund to ensure it can pay for services, such as health care, transportation and flood control, once the state’s 3.5-percent cap goes into effect. The rate increase, if approved next month, would allow Harris County to collect more than $200 million extra in tax money than last year.

1. There are some extremely bitchy quotes in the story from Sen. Paul Bettencourt, who pushed the bill that led to this in the Senate. I may have rolled my eyes so hard that they will never unroll.

2. The counties and cities that are considering this are acting in what they believe is their best interest, and the best interest of their residents. Plenty of expenses that counties and cities face, from disaster relief to health care to salaries and pensions, aren’t subject to any kind of rate limit. HB3 radically changed their long term financial picture. They had no choice but to adjust.

3. Just as a reminder, there are plenty of things the Legislature could have done to improve our property tax system without putting the squeeze on local governments. The Lege could also greatly help counties on the expenditure side of the balance sheet by expanding Medicaid, which would do a lot to reduce the cost of health care on counties. The whining from the likes of Bettencourt on this is just beyond rich. All that is without even pointing out that having a property tax-based system, in which the main expense is completely disconnected from people’s annual incomes, instead of an income tax-based system, is always going to have problems like this.

4. The same voters who will be given the power to approve or reject future tax collection levels also have the power to approve or reject the local officials who may be raising tax rates now ahead of that. They also have that power over people like Paul Bettencourt and Dustin Burrows and Greg Abbott and so forth. Maybe some day that power will be exercised.

Abbott’s gun suggestions

Weak leader makes timid proposals. Film at 11.

Gov. Greg Abbott called for the Texas Legislature to consider laws that would make it easier for private gun sellers to perform voluntary background checks on buyers — declining to go as far as other Republicans in backing mandatory ones — in one of a series of recommendations released Thursday.

The safety action report, which comes after a town hall Abbott convened last month to discuss possible solutions in the wake of recent mass shootings in El Paso and Odessa, contains nearly a dozen recommendations to the Legislature, which won’t meet again until 2021 — after the next election.

Select committees in the Texas House and Senate will meet to review and discuss the recommendations in the meantime. It remains to be seen what kind of legislation could come from the report.

Abbott has indicated he has no plans to call a special session, despite calls from a growing chorus of Democratic lawmakers, saying he wants to avoid “hastily” called votes that split along party lines. Instead, earlier this month, he issued a handful of executive orders meant to strengthen the statewide suspicious activity reporting system.

[…]

The 13-page report recommends laws that would speed up the reporting of criminal convictions, crack down on people who illegally buy or possess guns and impose a lifetime ban on convicted felons purchasing firearms.

But the report makes no mention of background checks for private sales between strangers, as Lt. Gov Dan Patrick suggested last week when he side-stepped traditional party lines and the National Rifle Association.

Texas has faced five major mass shootings in the past three years — including two last month. In early August, 22 people were killed by a lone gunman who drove hours to at an El Paso Walmart. At the end of the month, seven died when a shooter went on a spree as he drove through Odessa and Midland.

Ed Scruggs, president of the board of directors for Texas Gun Sense, said it’s “mystifying” how few of Abbott’s recommendations relate to what happened in those shootings.

“The failure to strongly support closing the private sales loophole is mystifying because both the governor and lieutenant governor expressed discomfort what that hole in the system and speculated about how it could be abused,” Scruggs said. “We saw how it was abused in Odessa, so I am really surprised we didn’t see anything more direct on that.”

Here’s the report. It’s not that these are bad ideas, but most of them are reactive – stiffer penalties, better reporting of criminal convictions – and the more proactive ones are presented as things the Lege “may want to consider” rather than as priorities Abbott himself wants to see get done. I mean, unless Abbott calls a special session, as only he can do, the next time any of this will be relevant will be a year and a half from now, and who knows what might be going on then. Not taking immediate action is wiggle room for Abbott and Dan Patrick to let everyone else get distracted and lose focus. Abbott doesn’t want to take real action. He’ll do what he thinks he needs to do to take the heat off, and then he’ll be on to the things he actually wants to do. That’s what this is about. The Trib has more.

State Sen. Jose Rodriguez to retire

Sad to see him go.

Sen. Jose Rodriguez

State Sen. José Rodríguez, an El Paso Democrat, announced Friday that he will not seek reelection to the upper chamber in 2020.

Rodriguez informed El Paso colleagues of his decision in a text late Thursday night that was obtained by The Texas Tribune. He made the announcement official at his district office.

“I started my tenure in the Senate with one of the worst budgets in the state’s modern history,” Rodríguez said in a written announcement on his retirement. “Fortunately, my last session was one where state leaders finally gave long overdue attention to our public schools.”

Rodríguez was first elected in 2010 to represent Senate District 29. The district, which hugs the Texas-Mexico border, is historically considered Democratic; it covers El Paso, Culberson, Hudspeth, Jeff Davis and Presidio counties.

The senator’s retirement announcement comes a day after the Senate Democratic Caucus announced that Rodríguez would step down as chair at the end of the year. State Sen. Carol Alvarado, D-Houston, will replace him at the post.

It’s unclear who will announce bids for Rodríguez’s seat. One potential candidate is state Rep. César Blanco, a fellow El Paso Democrat who serves as chair of the House Democratic Campaign Committee.

In case you’re wondering, Beto got 74% in SD29 in 2018, Lupe Valdez got 67%, and Paul Sadler got 61% against Ted Cruz in 2012. So yeah, safe Dem district. A State Rep. like César Blanco could certainly win it, or some other politician from within El Paso; Sen. Rodríguez had been the El Paso district attorney before he won the seat in 2010, following the retirement of Sen. Eliot Shapleigh. Sen. Rodríguez was a strong progressive and a good Senator, and whoever succeeds him will have big shoes to fill. I wish him all the best with whatever comes next.

Red flag

This seems like maybe it’s a problem.

A report out Wednesday by the San Antonio Express-News found that a gun owner in Texas had sent more than 100 pages of racist and violent letters to the Texas Attorney General’s office threatening to kill undocumented immigrants over the course of a year and a half, and that nothing was done to stop him or to communicate the threat to local authorities.

“We will open fire on these thugs,” the white man who allegedly sent the messages wrote in an email to the office. “It will be a bloodbath.”

Over the same period, local officers in San Antonio responded to 911 calls made by and about the man, and visited his house, on at least 35 occasions. However, because he had never seemingly committed a crime, police did not arrest him or take legal action. Nearby neighbors told the Express-News that the man’s home is covered in security cameras and that he often emerged holding a shotgun.

When alerted by a reporter at the Express-News of the threats made to the Attorney General’s Office, the police force did respond. “Since you’ve made us aware of those threats, our fusion center and our mental health unit have reached out to the AG’s office and are trying to work something to make a case against [the alleged suspect Ralph] Pulliam,” Sargent Michelle Ramos told the paper. “They’re going to investigate that.”

The threats and lack of communication by Republican Texas Attorney General Ken Paxton to local police takes on a new light in the wake of two mass shootings in Odessa and El Paso. The El Paso shooter had long written about his hatred for immigrants and his mother had reportedly called the police before the shooting because she did not think her son should own a gun.

“These messages are clearly threats of deadly force against San Antonians based solely on the color of their skin,” wrote State Representative Trey Martinez Fischer in a letter to Paxton. “It is deeply alarming to me that despite the large volume and explicit nature of the messages from Mr. Pulliam, the Office of Attorney General has taken so long to cooperate with local law enforcement.”

The story was published in the print edition of the Sunday Chronicle, but there’s no link for it yet on the Chron site and the E-N story is behind the paywall, so this is the best I can do. Do bear in mind that Ken Paxton has been actively encouraging people like this to report their complaints to his office, so it’s no wonder he’s being tight lipped about this. Dude’s one of his best customers. In the meantime, while we hope this guy doesn’t follow through on any of the many threats of violence he has made, let’s see if any of our Republican leaders, who have been trying to convince us that they might actually Do Something this time, will at least voice support for disarming this guy. I’m not going to hold my breath.

Greg Abbott is not going to take action on gun violence

Why would he? It’s not who he is.

When Gov. Greg Abbott first convened the new Texas Safety Commission last month after the El Paso shooting, he brought with him a stack of papers and wasted little time directing the media’s attention to it.

“In the aftermath of the horrific shooting in Santa Fe, we had discussions just like what we are having today,” Abbott said, holding up thick, paper-clipped packets for the cameras. “Those discussions weren’t just for show and for people to go off into the sunset and do nothing. They led to more than 20 laws being signed by me to make sure that the state of Texas was a better, safer place, including our schools for our children.”

The intended message was clear: He had been here before, and it led to results. But over a year later — with two more mass shootings rocking the state just weeks apart — the pressure that the second-term Republican governor faces to do more to keep Texans safe is higher than ever. And the political divisions are just as intense, as Abbott seeks to navigate between an increasingly influential gun control movement and those in his own party who demand that he hold the line on gun rights.

“My impression is the governor’s in a tight spot … because the majority legislative coalition doesn’t really give anyone on that side a chance to move on this,” said Ed Scruggs, the board vice chair of Texas Gun Sense who has participated in both the post-Santa Fe and post-El Paso roundtables. “They’ve been absolutists for so long that it’s very, very difficult. I really can tell you that the governor wants to do something to prevent this, but politically what is possible — he may be the only one who knows that.”

[…]

However, with Abbott’s response to the shootings still in the roundtable phase, skepticism runs amok. In addition to leaving a trail of gleeful social media posts about Texas gun culture in recent years — tweets that have routinely resurfaced after recent mass shootings in the state — Abbott has overseen a dramatic expansion of gun rights in Texas, from an open carry law in 2016 to the slew of new laws that went into effect Sunday loosening firearms restrictions. And for gun control advocates, the memory is still fresh of Abbott asking lawmakers after the Santa Fe shooting to consider a “red flag” law that would allow local officials to take guns away from people if a judge declares them a danger — only to back away from the idea amid an intraparty backlash.

“I would say I am more cynical about Greg Abbott’s leadership than I am optimistic,” said Peter Ambler, executive director of the gun control group Giffords, who participated in the safety commission meeting in El Paso. “However, I do think there’s a path forward on gun safety legislation. I think that means that Abbott is gonna have to get out of the NRA’s box and take a leadership position that is basically a repudiation of what he’s done in the past and where he’s been in the past.”

Remember first and foremost that the Legislature is not in session, and barring the very unlikely calling of a special session, there’s nothing that can be done in Texas except talk and study until 2021. But look, Greg Abbott believes in more guns and fewer restrictions on them. That’s what he has pushed for, that’s what he advocates, that’s what he is. He may be feeling some political pressure to Do Something about gun violence now, though I’d say that’s more a concern for Republican legislators and Congressfolk losing races than for his own political fortunes, but he also feels a lot of pressure to hold fast against such action. Why would he go along with what Democrats want? It makes no sense, and it collides with everything Abbott has done as a politician. When that changes (spoiler alert: it won’t), let me know. The Chron, the Chron editorial board, Erica Greider, Texas Monthly, the Texas Signal, and the Observer have more.

The Lege will not take any action on guns

By all means, keep calling for a special session to address the issue. Just do keep in mind who holds all the cards.

At least 17 Texas state lawmakers are asking Gov. Greg Abbott to call a special session to address gun violence following a mass shooting in El Paso that left 22 dead and dozens injured.

The list includes four state representatives from San Antonio, including Roland Gutierrez, Diego Bernal, Leo Pacheco and Ina Minjarez.

“Our state leadership has failed to be proactive and adopt laws that would allow gun safety,” said Gutierrez, who has secured more than 500 signatures in a related online petition. “All Texans should feel safe in their communities. Every year we lose too many to gun violence. Over 3,353 gun-related deaths occur in Texas each year. One death is too many – time for change.”

Others on the list are: state Rep. Shawn Thierry, D-Houston; state Rep. Donna Howard, D-Austin; state Rep. Michelle Beckley, D-Carrollton; state Rep. Nicole Collier, D-Fort Worth; state Rep. Gene Wu, D-Houston; state Rep. Victoria Neave, D-Dallas; state Rep. Gina Hinojosa, D-Austin; state Rep. Erin Zwiener, D-Driftwood; state Rep. Ron Reynolds, D-Missouri City; state Rep. Vikki Goodwin, D-Austin; state Rep. Richard Peña Raymond, D-Laredo; state Sen. Beverly Powell, D-Fort Worth and state Sen. Carol Alvarado, D-Houston.

In case you didn’t read through that whole list, none of the legislators in question are Republicans. That tells you everything you need to know.

(To be fair, there are other political reasons why there won’t be a special session.)

After the massacre of 22 people at an El Paso Walmart by an attacker with a military-style rifle, Texas’ Republican leadership is still unlikely to push for gun restrictions in a state that has long embraced firearms and has nearly 1.4 million handgun license holders, experts and advocates on both sides of the gun issue say. The shooting comes nearly 21 months after the Sutherland Springs massacre that killed more than two dozen people and more than a year after the Santa Fe shooting that killed 10.

“When Texas Republicans look at these massacres, they don’t blame guns, or gun laws. They blame people. They may blame institutions, schools, families, mental health, but not guns,” said Mark Jones, political science professor at Rice University. “If a school massacre and a church massacre didn’t change people’s opinion, the El Paso massacre isn’t going to.”

[…]

Abbott met last week with Democratic lawmakers from El Paso who have pushed for gun control and said he wants to keep guns away from “deranged killers.” Abbott said the state should battle hate, racism and terrorism, but made no mention of gun restrictions.

“Our job is to keep Texans safe,” Abbott said. “We take that job seriously. We will act swiftly and aggressively to address it.”

Abbott said he will meet with experts this month to discuss how Texas can respond – much as he did after shootings in Sutherland Springs and Santa Fe.

Those meetings resulted in Abbott issuing a 43-page report with proposals for more armed guards in schools, boosting mental health screenings, new restrictions on home gun storage, and consideration of red flag laws.

Gun rights supporters immediately pushed back on anything that could be interpreted as restricting gun ownership, and the Legislature’s Republican majority pivoted to expanding run rights. The only victory gun control supporters could claim was a small item in a $250 billion state budget: $1 million for a public awareness campaign on safe gun storage at home.

“They made things worse,” said Gyl Switzer, executive director of Texas Gun Sense. “I went naively into the session thinking ‘Progress here we come.’ But we ran head on into this idea that more guns make us safer.”

Well, more armed guards in schools, in churches, at WalMart, and now after Midland/Odessa, in cars and on the roads. Maybe if we station an armed guard on every street corner, inside every shop and restaurant, and on every floor of every office building in America, we’ll finally be safe from gun violence. We won’t have time to do anything else because we’ll need literally everyone to serve as all those armed guards, but hey, at least we’ll have done something that the Greg Abbotts and Matt Schaefers of the world can abide. Alternately, we can vote them out and elect people who want to do more rational, sensible, and effective things to curb gun violence. Decisions, decisions.

“Mistakes were made”

Oops.

Gov. Greg Abbott said Thursday that “mistakes were made” in his fundraising letter that used alarmist language in calling to “DEFEND” the Texas border and was dated one day before a deadly shooting that targeted Hispanics in El Paso.

Speaking to reporters ahead of the second meeting of the newly formed Texas Safety Commission, Abbott said he talked to members of the El Paso legislative delegation about the mailer and “emphasized the importance of making sure that rhetoric will not be used in any dangerous way.”

“I did get the chance to visit with the El Paso delegation and help them understand that mistakes were made and course correction has been made,” he said. “We will make sure that we work collaboratively in unification. I had the opportunity to visit with [the El Paso delegation] for about an hour to fully discuss the issue.”

In his short remarks, Abbott didn’t address the specific language of the letter, what mistakes were made or what course correction has been made on his end. His comments come nearly a week after The Texas Tribune first reported on the letter, which cautioned of supposed political implications that could come with unchecked illegal immigration.

I try not to pay too much attention to Greg Abbott, because honestly, he’s about as interesting as cardboard. The most amazing thing about this story is that Abbott actually responded to a reporter’s question. Go ahead, find the last story in any reputable Texas news source that doesn’t contain some variation on “Governor Abbott’s office did not respond to our request for comment”. As Chris Hooks points out, Abbott is much more likely to engage with some rando on Twitter than with a newsie. I have no idea what spurred this little bit of passively voicing the quiet part of his inner dialog, but we may as well enjoy it. Who knows when it may happen again. The Observer has more.

Our all-important metro areas

Another look at the trouble Republicans face in Texas now.

The key to Texas’ political future is whether it finally follows the geographic realignment that has transformed the politics of many other states over the past quarter century.

Across the country, Republicans since the 1980s have demonstrated increasing strength among voters who live in exurbs at the edge of the nation’s metropolitan centers or beyond them entirely in small-town and rural communities. Democrats, in turn, have extended their historic dominance of the nation’s urban cores into improved performance in inner suburbs, many of them well educated and racially diverse.

Both sides of this dynamic have accelerated under Trump, whose open appeals to voters uneasy about racial, cultural and economic change have swelled GOP margins outside the metropolitan areas while alienating many traditionally center-right suburban voters.

In Texas, only half of this equation has played out. In presidential elections since 2000, Republicans have consistently won more than two-thirds of the vote for the two parties in 199 mostly white nonmetropolitan counties across the state, according to a study by [Richard] Murray and Renee Cross, senior director of the University of Houston’s Hobby School of Public Affairs. (Trump in 2016 swelled that number to three-fourths.) The GOP has attracted dominant majorities from those areas in other races, from the Senate and US House to the governorship and state legislative contests. Democrats consistently amassed big majorities in 28 mostly Latino South Texas counties, but they have composed only a very small share of the statewide vote.

The key to the GOP’s dominance of the state is that through most of this century it has also commanded majorities in the 27 counties that make up the state’s four biggest metropolitan areas: Dallas/Fort Worth, Houston, San Antonio and Austin. Demographically similar places in states along the coasts and in the upper Midwest have moved consistently toward the Democrats since Bill Clinton’s era. But in Texas, Republicans still carried 53% to 59% of the vote in those metropolitan counties in the four presidential races from 2000 through 2012, Murray and Cross found.

In the Trump era, though, that metro strength has wavered for the GOP. In 2016, Hillary Clinton narrowly beat Trump across the 27 counties in Texas’ four major metropolitan areas. Then in 2018, Democrat O’Rourke carried over 54% of the vote in them in his narrow loss to Sen. Ted Cruz, Murray and Cross found. O’Rourke won each of the largest metro areas, the first time any Democrat on the top of the ticket had carried all four since native son Lyndon B. Johnson routed Barry Goldwater in the 1964 presidential race, according to Murray and Cross.

Looking just at the state’s five largest urban counties — Harris (Houston), Travis (Austin), Bexar (San Antonio), Tarrant (Fort Worth) and Dallas — the change is even more stark. In 2012, Obama won them by a combined 131,000 votes. By 2016, Clinton expanded the Democratic margin across those five counties to 562,000 votes. In 2018, O’Rourke won those counties by a combined 790,000 votes, about six times more than Obama did in 2012. Along the way, Democrats ousted Republican US House incumbents in suburban Houston and Dallas seats and made substantial gains in municipal and state house elections across most of the major metro areas.

“We have now turned every major metropolitan area blue,” says Glenn Smith, a longtime Democratic strategist in the state.

Yet that, of course, still wasn’t enough for O’Rourke to overcome Cruz’s huge advantages in smaller nonmetro communities. That outcome underscores the equation facing Texas Democrats in 2020 and beyond: They must reduce the GOP’s towering margins outside of the major metropolitan areas and/or expand their own advantage inside the metro centers.

Few in either party give Democrats much chance to record many gains outside of metro Texas, especially given Trump’s national strength with such voters. O’Rourke campaigned heavily in Texas’ smaller counties and made very limited inroads there, even relative to Clinton’s abysmal performance in 2016. Exit polls conducted for a consortium of media organizations including CNN found that O’Rourke carried just 26% of white voters without a college education, only a minuscule improvement from the 21% Clinton won in Texas in 2016.

O’Rourke’s very limited rural gains have convinced many Texas Democrats that while they can’t entirely abandon smaller parts of the state, their new votes are most likely to come from the metropolitan centers.

“It’s a matter of emphasis,” says Smith, a senior adviser to the liberal group Progress Texas. “You’ve got to do urban/ suburban areas first. You’ve got to maximize your advantage there.”

The stakes in the struggle for Texas’ big metro areas are rising because they are growing so fast. While the four major metro areas cast about 60% of the statewide votes in the 1996 presidential election, that rose to about 69% in 2016 and 2018, Murray and Cross found. Murray expects the number to cross 70% in 2020.

And the concentration of Texas’ population into its biggest metropolitan areas shows no signs of slackening. The Texas Demographic Center, the official state demographer, projects that 70% of the state’s population growth through 2050 will settle in just 10 large metropolitan counties. Those include the big five urban centers that O’Rourke carried as well as five adjacent suburban counties; those adjacent counties still leaned toward the GOP in 2018 but by a much smaller cumulative margin than in the past. Overall, O’Rourke won the 10 counties expected to account for the preponderance of the state’s future growth by a combined nearly 700,000 votes.

We’ve been talking about this literally since the ink was still wet on the 2018 election results. I touched on it again more recently, referring to a “100 to 150-county strategy” for the eventual Democratic nominee for Senate. None of this is rocket science. Run up the score in the big urban areas – winning Harris County by at least 300K total votes should be the (very reachable) target – via emphasizing voter registration, canvassing apartments, and voters who turned out in 2008 and/or 2012 but not 2016. Keep doing what we’ve been doing in the adjacent suburbs, those that are trending blue (Fort Bend, Williamson, Hays), those that are still getting there (Collin, Denton, Brazoria), and those that need to have the curve bent (Montgomery, Comal, Guadalupe). Plan and implement a real grassroots outreach in the Latino border/Valley counties. We all know the drill, and we learned plenty from the 2018 experience, we just need to build on it.

The less-intuitive piece I’d add on is a push in the midsize cities, where there was also some evidence of Democratic growth. Waco, Lubbock, College Station, Abilene, Amarillo, Killeen, San Angelo, Midland, Odessa, etc etc etc. There are some low-key legislative pickup opportunities in some of these places to begin with. My theory is that these places feature increasingly diverse populations with a decent number of college graduates, and overall have more in common with the big urban and suburban counties than they do with the small rural ones. Some of these places will offer better opportunities than others, but they are all worth investing in. Again, this is not complicated. We’ve seen the data, we will definitely have the resources, we just need to do the thing.

Beto is still not running for Senate

Sorry, y’all.

Beto O’Rourke

Beto O’Rourke will return to the presidential campaign trail Thursday for the first time since the Aug. 3 massacre of 22 people at a Walmart in his hometown by a suspect who told police he was hunting “Mexicans” and who O’Rourke said drew “vile inspiration” from President Donald Trump.

According to O’Rourke’s campaign, he will relaunch with a morning speech in El Paso that will outline the path forward for a presidential campaign that began with great promise five months ago but is now mired at 2% in national polls.

O’Rourke has been importuned with increasing urgency, both publicly and privately, to consider swapping his struggling presidential campaign for a more promising and potentially more consequential second run for the U.S. Senate, challenging the reelection of U.S. Sen. John Cornyn, R-Texas.

“He just needs to get home and take care of business,” former Houston Mayor Annise Parker told The New York Times in the aftermath of the El Paso tragedy. “We wouldn’t have five people running for Senate if Beto came back.”

An Emerson College poll conducted during the first three days of August found that more than half of Texas Democrats thought O’Rourke should run for Senate instead of president.

The poll found that most Democratic voters had not formed an opinion on the Senate race without O’Rourke, and that none of the candidates already in the race had gained much traction.

The filing deadline for the March primary is not until December, but Thursday’s announcement by O’Rourke would seem to effectively foreclose the possibility that he would enter a race now so crowded with lesser-known candidates that it appears destined for a May runoff — potentially hobbling chances of defeating the state’s senior senator.

See here for the background. Here’s the money quote:

As I always say, nothing is certain until after the filing deadline. Up until then, Beto could change his mind if he wanted to. I don’t think he will, and you know why I don’t think he will, but until December 15 it’s at least a theoretical possibility. My advice is to accept what he’s saying at face value, and move on. The Trib has more.

By the way, Trump is also a deadbeat

It’s his brand.

President Donald Trump publicly pledged “all the support of the federal government” on Saturday after 22 people were shot to death in an El Paso Walmart this weekend.

But his statements are prompting charges of hypocrisy because the city claims the president’s political campaign owes an outstanding debt from a February campaign rally — specifically, more than half a million dollars.

On Monday, an El Paso city official said Trump has yet to pay.

According to Laura Cruz-Acosta, communications manager for the El Paso city manager’s office, the president has an outstanding bill of $569,204.63 for police and public safety services associated with a February campaign rally.

“The city staff have followed the process and procedures as it relates to any invoicing that we provide, and we will continue to do so accordingly as per city and state policies,” Cruz-Acosta said. She said that Trump owed an initial fee of $470,417.05 but that the city tacked on a 21% one-time late fee in June — 30 days after the campaign failed to pay the initial amount owed.

Local officials have repeatedly harangued Trump for not covering the costs associated with his visit to the border city, with some contrasting his actions with those of Democratic presidential candidate Beto O’Rourke, who visited his hometown for a rally on the same day and has since paid his dues.

“Our resources are really strained right now,” said Alexsandra Annello, a member of the El Paso City Council. “Our police and fire are exhausted, our health department had for three days straight been working with the reunification of families. As you see from the bill, these are the services required for a presidential visit. In addition to financial costs, our community and resources are already strained and do not need this extra burden.”

Here’s the invoice. His whole brand is stiffing creditors, and he can’t be shamed, so don’t hold your breath waiting for a check. I just hope he doesn’t add to the bill after today’s (unwanted) visit.

I don’t have anything to say this morning

Twenty people murdered in El Paso by a racist piece of shit. Just families, out shopping for back to school supplies. You’re not safe anywhere from an asshole with an automatic weapon and a manifesto. I grew up in a high crime era, but I never worried that I or someone I knew would be randomly gunned down on the street. But here we are.

We all know what needs to be done. We are not powerless. We are, for now, held hostage by a federal and state government that are dominated by a political party that will not do anything about it. We have the power to change that. I don’t want to live with the status quo. I don’t want my kids to live with the status quo. I have, and you have, the power to change it. What will we do?

“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.

A tale of screwed cities

That’s my unofficial title for this legislative session.

The interest group representing Texas cities used to be one of the most powerful legislative forces at the Capitol. This session, it has become the GOP’s most prominent adversary.

Its members have been harangued at hearings. Targeted by a proposed ban on “taxpayer-funded lobbying.” And seen multiple proposals sail ahead over its protests.

When, around March, one mayor inquired about the reasoning for a controversial provision in a property tax bill, he said an advisor to Gov. Greg Abbott suggested, “you reap what you sow.”

The message was clear, said McKinney Mayor George Fuller: Local officials had been obstructionists in the past.

Though the antagonistic relationship between Texas cities and the state has been building for years, this session has reached the fever pitch of all out legislative assault, said Austin Mayor Steve Adler, in April. Typically, the Texas Municipal League tracks bills it opposes that are gaining momentum in the Legislature. This session, the group had amassed more than 150.

Among them, was a cable franchise fees bill authored by state Rep. Dade Phelan, a Beaumont Republican and chair of the powerful State Affairs Committee. After the Texas Municipal League warned its members the proposal could cut into cities’ revenue, Phelan had a concise response for the group, which represents 1,156 of Texas’ roughly 1,200 cities.

“When you are in a hole — you should stop digging,” Phelan recommended, in an email obtained by The Texas Tribune.

In an interview, Phelan said he harbored no animus toward the organization, but took umbrage with its opposition to legislation his constituents want. The sentiment is widely-shared in the Legislature, Phelan said, as evidenced by the support the bills on taxpayer-funded lobbying and franchise fees have garnered.

“Those bills have never gotten out of committee before,” he said. The Texas Municipal League represents “their own interests and we are representing the taxpayers.”

“I think there’s a disconnect sometimes,” he added.

The group’s leaders see a different trend. They say model legislation with an anti-city bent has been exported from conservative think tanks and taken root at statehouses across the country. At the same time, Republican strongholds have shifted to the suburbs, making progressive city leaders convenient whipping boys for politicians from the president on down.

There’s more, so go read the rest. It really does boil down to two things. One is the Republicans’ refusal to address our tax system in a meaningful way. There are things we could do to make the property tax system more equitable. There are things we could do with sales taxes to bring in more revenue in a way that wouldn’t be so regressive. Our whole tax system is a byzantine mess, but the only thing that we’re allowed to talk about is cutting property taxes. This session that means putting the screws to cities, even though local property taxes aren’t driving the growth of property tax collections. The Republicans are looking for a political solution, and cities are a convenient target.

Which leads to point two: Cities are liberal and Democratic, so it’s a twofer for state Republicans to stick it to them. And don’t think that having a Republican mayor would change anything:

“I understand the political atmosphere to reduce taxes; there’s no one that would be more aligned with that than I am,” said El Paso Mayor Dee Margo, a former Republican state lawmaker. “But I’m also trying to deal with basics. I say I’m the mayor of public safety, potholes, and parks.”

El Paso’s property values — and so its tax base — is growing at a slower clip than other parts of the state, he said. Though the factors differ from city to city, each municipality has different needs and budgets, and local leaders say they are unaccounted for under a blanket property tax reform policy.

“The frustration is that we are grouped, coupled with across-the-board perceptions,” Margo said.

That’s because your Republican former colleagues don’t care about any of that, Mayor Margo. The only way forward here is to vote them out.

The CD23 race isn’t quite over yet

I believe it is highly unlikely that the outcome in CD23 will change from the current close win for Rep. Will Hurd, but we are not done counting the votes just yet.

Gina Ortiz Jones

The Texas congressional race between incumbent Republican Will Hurd and Democratic challenger Gina Ortiz Jones is still too close to call following a dramatic overnight in which Ortiz Jones pulled ahead, Hurd pulled back on top, and news outlets across the nation retracted their projections.

On Wednesday morning in Congressional District 23, the state’s only consistent battleground district, Hurd was leading Ortiz Jones by 689 votes, with all precincts counted.

“This election is not over—every vote matters,” said Noelle Rosellini, a spokesperson for Ortiz Jones. “We won’t stop working until every provisional ballot, absentee ballot, and military or overseas ballot has been counted.”

She did not mention the possibility of a recount, although Ortiz Jones’ campaign is well within the margin to do so in Texas. (According to state law, the difference in votes between the top two finishers must be less than 10 percent of the winner’s total votes — in this case, about 10,000.)

But that did not keep Hurd from declaring victory. “I’m proud to have won another tough reelection in the 23rd Congressional District of Texas,” he said in a statement on Wednesday morning, noting that he would be the only Texas Republican to keep his seat in a district carried by Hillary Clinton in 2016.

[…]

Many news outlets, including The Texas Tribune, called the race for Hurd late on Tuesday evening, with Hurd declaring victory on Twitter and in person to his supporters at a watch party in San Antonio as Ortiz Jones conceded defeat across town.

“While it didn’t shake out the way we would want, we ran a campaign that we are proud of and that really reflected Texas values,” Ortiz Jones said at her campaign headquarters, according to the San Antonio News-Express. Her campaign did not immediately respond to requests for comment.

But as more vote totals kept coming in, she surpassed Hurd by a margin of fewer than 300 votes with all precincts reporting. Early on Wednesday morning, news organizations withdrew their call of the race and Hurd deleted a tweet saying he won.

But vote totals from the last of eight Medina County precincts were inputted incorrectly — they had left out about 4000 votes when first entering totals. The fixed results put Hurd just over Ortiz Jones by a margin of fewer than 700 votes.

See here for some background. The current tally has Hurd up by 1,150 votes now, out of 209,058 votes cast. Apparently, a second county erred in how they initially reported their results, in a way that had inflated Ortiz Jones’ total. Late-arriving mail and provisional ballots still need to be counted, though usually there are not that many of them. I’d like to see a more thorough review of what exactly happened in Medina County, but beyond that I don’t think there’s much joy to be found here.

This race was a bit confounding well before any votes came in. The NYT/Siena College live polls had Hurd up by eight points in September and a whopping fifteen points in October. The NRCC pulled out around the time early voting started, presumably from a feeling of confidence in the race, then a lot of late money poured in, presumably in response to the off-the-charts turnout. I had faith this would be a close race, as it always is, but I had no idea what to make of all this.

In the end, the story of this race appears to come down to found counties. Compare the 2018 results to the 2016 results, in which Hurd defeated Pete Gallego in a rematch by about 3000 votes, and you see this:

– In Bexar County, Ortiz Jones improved on Gallego’s performance by 5000 votes, while Hurd received about 4500 votes less than he did in 2016. In theory, that should have been more than enough to win her the race.

– However, in El Paso, Maverick, and Val Verde counties, Hurd got nearly identical vote totals as he had in 2016, while Ortiz Jones underperformed Gallego by 3000, 2500, and 1200 votes, respectively. That was enough to put Hurd back into positive territory.

There was some float in the other counties, but these four told the main story. Both candidates had slightly lower vote totals than in 2016, and indeed Ortiz Jones got a larger share of the Gallego vote than 2018 Hurd did of 2016 Hurd. It just wasn’t quite enough.

Early voting Day 5: It’s been a long week (in a good way)

Did I mention it’s been busy?

Voters across the state have come out in massive numbers during the first five days of early voting, and soon, more Texans will have voted early in 2018 than in all of 2014’s early voting period, according to data from the secretary of state’s office.

The state’s five largest counties have all nearly doubled the turnout compared to the same point in 2014. By the time the polls closed Thursday, 13.2 percent of registered voters in Harris County, the state’s largest county, had voted, compared to 6.4 percent at the same time in 2014. That number comes close to the 16.4 percent voter turnout seen at the end of the fourth day of early voting in 2016, a presidential year.

The story is similar in Dallas County, which recorded a voter turnout of 16.9 percent at the end of Thursday, compared to 5.9 percent at the same point in 2014, and in Tarrant County, which recorded a voter turnout of 16 percent at the end of Thursday, compared to 7.3 percent at the same point in 2014.

In Travis County, where the Austin Fiesta Mart polling location is, Tax Assessor-Collector and Voter Registrar Bruce Elfant reported on Facebook that as of 4 p.m. Friday, 22 percent of registered voters had cast their vote. The number hovered around 7 percent at the same point back in 2014.

“After just five days of early voting, the 2018 voter turnout will likely have passed the entire Early Vote turnout for the 2010 and 2014 elections,” Elfant wrote.

Some counties — like El Paso, Williamson and Cameron — have already surpassed the overall voter turnout during the entire two-week early voting period in 2014. Overall, by the time the polls closed on Thursday, 16.3 percent of the 12.3 million registered voters in the 30 counties with the most registered voters had cast ballots.

“It’s pretty remarkable to double or triple voter turnout,” said Renée Cross, the associate director of the Hobby Center for Public Policy at the University of Houston.

[…]

Mark Jones, a fellow in political science at Rice University’s Baker Institute for Public Policy, said the long lines at polling places are “notable,” but he said that “almost any voter turnout should be above 2014.”

Jones also said it is too early to draw conclusions about whether strong early voting turnout will mean strong overall turnout. Early voting could be “cannibalizing Election Day turnout, ” he said.

“More and more people are voting early,” said Jones, who estimates that between 60 and 75 percent of registered voters will cast their vote before Election Day. “People have gotten used to it, and campaigns have been encouraging it.”

He noted that a greater proportion of voters this year will be under the age of 35.

“Beto O’Rourke has spent quite a bit of money and time targeting millennials and post-millennials with the correct belief that they support him more than any other age group,” Jones said.

I agree that some of the frenzied activity is people shifting behavior, but it’s quite a bit more than that. We’re on pace in Harris County to blow past not just the early voting totals from past years, but the final totals as well. Close to one million just in early voting remains on the table. Say it with me now: We’ve never seen anything like this before.

Here are the totals for Friday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  29,702  134,488  164,190
2014  54,300  104,099  158,399
2018  65,232  315,034  380,266

2008  40,059  220,046  260,105
2012  53,131  260,274  313,405
2016  77,445  374,679  452,124

As I expected, after the slight dip on Thursday, in person voting ticked up and was, by about 900 votes, the busiest in person day so far. We have now officially exceeded the entire final early vote total from 2014, and we have seven days of early voting to go. We haven’t even gotten to the really heavy days yet.

“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.

Enforcement of SB4 halted

Excellent!

U.S. District Judge Orlando Garcia granted a preliminary injunction of Senate Bill 4, one of Gov. Greg Abbott’s key legislative priorities that seeks to outlaw “sanctuary” entities, the common term for governments that don’t enforce federal immigration laws.

The bill was scheduled to go into effect Sept. 1, but opponents of the legislation, including the cities of Houston, Austin, San Antonio and El Cenizo, as well as Maverick and El Paso counties and the Mexican American Legal Defense and Educational Fund, argued the bill violates several provisions of the Constitution. Garcia’s decision means the bill is on hold until that issue is decided; his court will now likely set another date to determine SB4’s constitutionality.

His decision is a temporary, but significant blow to Abbott and other Republican backers of the bill who said it would help keep Texans safe from undocumented immigrants that have been arrested on criminal charges but released from custody by sheriffs or other elected officials who refuse to hold the alleged criminals for possible deportation.

See here for the background. You know how I feel about this. The story broke late yesterday, so this was all that was available at the time. I’m sure there will be much more reporting soon.

UPDATE: From the Chron story:

“The best interest of the public will be served by preserving the status quo and enjoining, prior to Sept. 1, the implementation and enforcement of those portions of SB 4 that, on their face, are preempted by federal law and violate the United States Constitution,” Garcia wrote.

The decision, which can be appealed to the Fifth Circuit Court of Appeals in New Orleans, is a blow to one of the toughest immigration laws in the nation.

In order to obtain an injunction, the local governments and organizations challenging the law needed to prove they were harmed by it and likely to succeed in their claim that it is unconstitutional.

“We won over 90 percent of it,” said Luis Vera, a lawyer for the League of United Latin American Citizens, which represented the border city of El Cenizo in the lawsuit. “The state cannot mandate to the cities or police officers or sheriff’s offices how they run their police departments.”

[…]

The ruling found the plaintiffs made their case and were even helped during oral arguments by the state.

For instance, the judge noted the state “essentially concedes that the irreparable harm requirement is met.”

The judge quoted an argument made by one of the lawyers with the Texas Attorney General’s Office: “The state of Texas concedes, Your Honor, that if Senate Bill 4 is unconstitutional or a provision of it is severed by this court or this court finds it unconstitutional, if it is, and it would violate the constitutional rights of the public, then there is irreparable harm.”

The judge found that certain provisions of SB 4 conflict with, and are pre-empted by, federal law because enforcing SB 4 will interfere with the federal government’s authority to control immigration. The judge also found that enforcing SB 4 will result in First Amendment violations.

The judge also determined that vague prohibitions in SB 4 violate due process and “create a real danger of arbitrary and discriminatory enforcement.”

In addition, he found that enforcement of the mandatory detainer provisions “will inevitably lead to Fourth Amendment violations.”

I am sure this will be appealed, and who knows what happens next. But for now, this is a big win.

Escobar officially enters race for CD16

There will be many interesting and highly competitive Democratic primaries for Congress next year, but this could be the biggest of them.

Veronica Escobar

El Paso County Judge Veronica Escobar has officially started her run for Congress.

Escobar, a Democrat, submitted paperwork Friday to the Federal Election Commission to begin a campaign for Texas’ 16th Congressional District. U.S. Rep. Beto O’Rourke, D-El Paso, is giving up the seat to run for U.S. Senate in 2018.

Escobar is expected to make the campaign official Saturday, when she’s invited supporters to a “special announcement” in El Paso.

Escobar, who is close with O’Rourke, was almost instantly seen as a potential candidate to replace him when he announced in March he would challenge U.S. Sen. Ted Cruz, R-Texas. She already has his backing in her bid for Congress.

In recent weeks, Escobar had also received support from a draft effort by a national group, the Latino Victory Project. If elected, Escobar would become the first Latina member of Congress from Texas.

Escobar announced that she wasn’t running for re-election as County Judge back in June, which basically convinced everyone she was in. Escobar’s main competition, at least so far, is El Paso ISD Trustee Dori Fenenbock, who has raised a bunch of money already. I doubt Escobar will have any trouble catching up, and she ought to be able to use money she previously raised for her county office. The race that matters here is the primary – CD16 is strongly blue, so the primary winner is pretty much guaranteed to win in November. When that primary will be, in March as usual or later thanks to the ongoing redistricting fight, remains to be seen. The other point of interest will be in who files to succeed Escobar – it would not be a surprise if one or more State Reps from El Paso takes a shot at it. Keep an eye on this one, for if nothing else it should add another female member of Congress from Texas, bringing our state up to the grand total of four, modulo the other potentially competitive races.

Paxton’s preemptive “sanctuary cities” lawsuit dismissed

Good.

Best mugshot ever

U.S. District Judge Sam Sparks on Wednesday dismissed the state of Texas’ lawsuit against Travis County and other defendants over the state’s new immigration enforcement law.

Attorney General Ken Paxton filed a pre-emptive lawsuit shortly after the bill was signed in May seeking a ruling that the controversial measure is constitutional. Among the defendants named in Paxton’s suit were the city of Austin; Travis County and its sheriff, Sally Hernandez; and the Mexican American Legal Defense and Educational Fund.

[…]

But opponents of the measure, including the cities of Houston, Austin, San Antonio and El Cenizo, as well as Maverick and El Paso counties, have argued the law violates several provisions of the U.S. Constitution. Those entities filed a separate lawsuit against Abbott and Paxton in San Antonio, trying to prevent the law from taking effect. Oral arguments in that case were heard in June.

Sparks’ ruling means the case will stay in San Antonio.

In a statement, the attorney general said he was disappointed in Sparks’ ruling but that Wednesday’s decision has no effect on the San Antonio case.

“We were first to file a lawsuit concerning SB 4, filed this case in the only proper court, and moved quickly to consolidate other lawsuits against SB 4 in Austin,” he said. “The health, safety, and welfare of Texans is not negotiable. We’re disappointed with the court’s ruling and look forward to pressing our winning arguments in the San Antonio cases and beyond (if necessary) on this undoubtedly constitutional law.”

Though Sparks’ ruling Wednesday is a small victory for SB4’s opponents, they must now wait and see what U.S. District Judge Orlando Garcia decides following a seven-hour hearing in Bexar County on June 26.

So that means that Judge Garcia will get to decide whether the law goes into effect on September 1 or if it is put on hold pending final judgment in the lawsuit. I don’t think this ruling changes the basic contours of the case, but as I recall if Paxton had prevailed in his lawsuit, that would have put the defendants he filed against on the hook for court costs. That’s no longer the case now. Now we await what Judge Garcia has to say.

Mayors to Abbott: Don’t mess with our cities

Good luck getting through.

Less than 24 hours after Gov. Greg Abbott blasted local government restrictions like tree ordinances as a threat to the “Texas brand,” city government leaders statewide are seeking a meeting with the Republican leader.

“We would like the opportunity to meet with you to discuss the role cities play in attracting jobs and investments to support the prosperity of the State of Texas,” a letter signed by 18 mayors, including Houston mayor Sylvester Turner to Abbott states.

[…]

The letter from the mayors makes clear that they fear the Texas Legislature is overreaching and doing too much harm to local governments.

“Harmful proposals such as revenue and spending caps, limiting annexation authority, and other measures preempting local development ordinances directly harm our ability to plan for future growth and continue to serve as the economic engines of Texas,” the letter states.

The mayors on the letter include those from Houston, Amarillo, Arlington, Austin, Corpus Christi, Dallas, Denton, El Paso, Fort Worth, Frisco, Galveston, Irving, Lubbock, McKinney, Plano, San Antonio, San Marcos, and Sugar Land.

You can see the letter here. You might note that some of the cities in question are Republican suburban kind of places. It’s not just us smug urbanites that would like to have our current level of autonomy left alone. I’m going to say the same thing to these Mayors that I’ve been saying to the business folk that have been working to defeat the bathroom bill, and that’s that they are going to have to follow up all these words with actions, because Greg Abbott and Dan Patrick don’t care what they have to say. If you’re not working to elect better leadership in 2018, which in this case means leadership that is not actively undermining and degrading Texas’ cities, then you’re part of the problem too, and your words have no meaning. The Current and the Press have more.

City of El Paso joins in on SB4

Add one more to the list.

The city of El Paso voted on Tuesday to join the growing list of local governments that have filed a legal challenge in hopes of stopping Texas’ new immigration enforcement law from going into effect.

The city council’s vote to join El Paso County and the cities of Dallas, Austin, San Antonio and Houston to halt the legislation, Senate Bill 4, means Fort Worth is the only major Texas city that hasn’t registered its opposition to the bill. Maverick and Bexar counties and the border city of El Cenizo are original plaintiffs in the lawsuit, which was filed in a federal court in San Antonio in May, just one day after Gov. Greg Abbott signed the bill.

[…]

In a statement, the city council said even though El Paso is not considered a “sanctuary city,” they voted to join the effort because local leaders are “concerned with provisions in SB 4 that raise questions related to the compliance and integration of the proposed bill in current law enforcement operations.”

“The unfunded mandate is expected to put additional strain on the El Paso Police Department, as SB 4 will add an extra requirement on the workforce that is already seeing a shortage in staff,” the statement continues. “The City of El Paso has a long successful history of working alongside our federal law enforcement partners, to add additional mandates on local resources will only limit officers from performing their public safety responsibilities.”

As you know, the hearing for a temporary injunction was Monday, but there’s a long way to go to get to the arguments on the merits, so it is far from too late for any entity to join in. I had previously listed El Paso as a plaintiff in the litigation, but it was El Paso County; I had assumed the city was in there as well, which was my mistake. No big deal, they’re in there now. I hope they and the other plaintiffs have a lot more company by the time this gets to the main event.

Ellis seeks Harris County entry into SB4 litigation

From the inbox, an email from Commissioner Ellis:

Commissioner Rodney Ellis

Despite strong opposition from law enforcement officials, faith leaders, local governments, civil rights organizations, constituents, and advocacy groups, Senate Bill 4 (SB4), the “show-me-your-papers” legislation, has been signed into law. The new legislation unfairly targets immigrant families, allows state-sanctioned racial profiling, and violates rights to due process. SB4 also undermines local governments by forcing them to choose between enforcing a blatantly unconstitutional law or facing strict punishment and excessive fines from the state.

As the nation’s third-largest county with the fifth-largest foreign-born population, Harris County is at particular risk under SB4. Immigrants are a vital part of our community and strengthen the social fabric of Harris County. This new legislation threatens to tear families apart. Immigrants cannot and should not be driven back into the shadows or live in fear because of this unconstitutional law.

Already, local governments have filed suit against SB4, and a preliminary hearing is scheduled for Monday in San Antonio. Just this past week, the Houston City Council voted to join San Antonio, Austin, Dallas, Bexar County and other local governments in a consolidated lawsuit challenging the law.

As Commissioner, I will continue to stand with immigrant families and defend the right of local government and law enforcement to set their own priorities. In a June 9 letter, I asked Harris County Attorney Vince Ryan to seek authorization from Harris County Commissioners Court to join the lawsuit against SB4. I believe it is vitally important for Harris County to fight this unjust law and look forward to working with County Attorney Ryan on this important issue that we both care about. You can read the letter below:

SB4 is a reflection of the anti-immigrant sentiment permeating our society and stands in the way of comprehensive immigration reform. It upholds a flawed and outmoded form of immigration control that tears families apart, increases racial profiling, and violates due process. We need immigration solutions that attend to the complex issues surrounding reform with compassion, efficiency, and effectiveness in mind. And wherever there is discrimination, we must be prepared to speak out and take action.

I’ve got a copy of the letter, which was embedded as an image in the email that Commissioner Ellis sent, here. Houston-area Democratic legislators supported Ellis’ call with a letter of their own that calls on the Court to get involved. I can’t say I expect that to happen – unlike Houston City Council, Commissioners Court is 4-1 Republican – but given the unfunded costs on the county that SB4 will impose, as well as the decline in cooperation with law enforcement, you’d think there’d be a simple dollars-and-cents argument in favor of getting involved. Anything can happen, but I’m not holding my breath. Stace has more.

SB4’s day in court

Sparks were flying.

Opponents of Texas’ state-based immigration law told a federal judge Monday that allowing the controversial measure to stand would pave the way for a nationwide police state where local officers could subvert the established immigration-enforcement powers of the federal government.

But the state’s attorneys argued in tandem with their colleagues from the U.S. Department of Justice that the issue was settled in 2012 when the U.S. Supreme Court ruled in favor of a state-based immigration-enforcement provision passed in Arizona.

The day marked the first skirmish in what could be a lengthy battle over Texas’ law, Senate Bill 4, which has been billed as the toughest state-based immigration bill in the country. Known as the “sanctuary cities” law, SB4 allows local law enforcement officers to question the immigration status of people they detain or arrest and seeks to punish 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. Punishment could come in the form of jail time and penalties that exceed $25,000.

Opponents of the measure, including the cities of Houston, Austin, San Antonio and El Cenizo, as well as Maverick and El Paso counties, have argued the law violates several provisions of the U.S. Constitution, including guarantees of equal protection and freedom of speech. They are seeking a temporary injunction of the rule, which is scheduled to go into effect Sept. 1.

Lee Gelernt, an attorney with the American Civil Liberties Union representing the city of El Cenizo, a small municipality in Webb County, argued that the law, as written is vague and provides such little guidance to officers that they will be forced to use a heavy hand when detaining or arresting someone. That, he said, will lead to a broad assumption that they need to ask nearly every minority their immigration status for fear of violating the provision of the law — the aftereffect of which would be an across-the-board erosion of Texans’ rights.

“The overriding point is that the penalties are so harsh that it’s simply unrealistic for any police officer to take a chance” of violating the law, Gelernt told U.S. District Judge Orlando Garcia. “[The lawmakers] knew what they were doing when they crafted the legislation.”

There’s a lot more, so go read the rest. The state’s argument, among other things, was that SB4 was less strict than Arizona’s infamous SB1070, and that it adhered to the parts of SB1070 that were upheld by SCOTUS. The plaintiffs’ argument, also among other things, was that the law was so vague and broad it was hard to even say what it did and did not allow and require law enforcement agencies to do; they also noted that while the Arizona law punished agencies, SB4 targets individuals who fail to comply with it. The plaintiffs are seeking an injunction to prevent the law from taking effect while the matter is being litigated; you can read the ACLU’s application for an injunction here. Judge Garcia did not say when he might rule, but he did note that he’s also one of the judges in the redistricting litigation, so maybe don’t expect anything till after those hearings in July. The Observer, the Chron, and the Current and Current again have more.

Houston officially gets in the SB4 litigation business

Well done.

Mayor Sylvester Turner

Houston City Council voted Wednesday to sue the state over its new “sanctuary cities” law, joining Texas’ three other largest cities in challenging the controversial measure.

Council voted 10-6 to join San Antonio, Austin, Dallas, El Paso County and several other local governments and nonprofits in a consolidated case challenging the state. Councilman Jack Christie abstained.

A preliminary hearing in the case is scheduled for Monday.

“This is not an issue of our choosing,” Mayor Sylvester Turner said. “But when it ends up on your plate, you have to address it.”

Turner, who had shied away from the sanctuary cities issue for months, decided two weeks ago to put a lawsuit to a vote.

He was joined by council members Jerry Davis, Ellen Cohen, Dwight Boykins, Karla Cisneros, Robert Gallegos, Mike Laster, Larry Green, David Robinson and Amanda Edwards in voting for litigation.

Council members Brenda Stardig, Dave Martin, Steve Le, Greg Travis, Mike Knox and Michael Kubosh voted against a lawsuit.

See here and here for the background. No surprises in the Council vote, not that I expected any. One can make the case that a Council vote wasn’t strictly necessary – the Mayor has the authority to direct the City Attorney to get involved – but on procedural and political grounds I think this was the right call. Give everyone the chance to do the right thing, and demonstrate that majority support for this action existed. It’s possible Houston could have gotten involved sooner without this formality, but in a world where we were trying to get a pension reform bill through the Legislature, I think Mayor Turner (or anyone in his place) was going to wait until that was in the bag first. For sure, he’s loosed his tongue now that he’s gotten what he needed from Austin and is now playing defense.

The bottom line is that Houston did the right thing, and did it in time for the Monday court hearing. Better to be right slow than wrong fast, as long as it’s not too slow. The Trib has more.

Getting ready for the first SB4 hearing

All eyes are going to be on this next week.

On Monday, June 26, U.S. District Judge Orlando Garcia will hear the City of San Antonio’s request for a preliminary injunction to block Senate Bill 4, the “sanctuary cities” law, from taking effect on Sept. 1.

The Mexican American Legal Defense Fund (MALDEF) is representing the City in the lawsuit, along with the following nonprofit organizations: The Texas Association of Chicanos in Higher Education, the Workers Defense Project, and La Unión Del Pueblo Entero. The hearing, which is open to the public, will take place at 9:30 a.m. at the Federal Courthouse at 655 E. César E. Chavez Blvd.

“Judge Garcia consolidated three separate lawsuits into one,” MALDEF Vice President of Litigation Nina Perales told the Rivard Report Friday. “The City of Austin is now a part of our case, [along with] El Paso County, Texas Organizing Project, the City of El Cenizo in Webb County, and Maverick County,”

[…]

On Friday, the State of Texas dropped MALDEF from a pre-emptive lawsuit asking a federal court to declare the “sanctuary cities” law constitutional.

“We wrote them a letter and said that if they didn’t drop us we were going to ask the judge to fine Texas for bringing a frivolous lawsuit against MALDEF,” Perales said. “We’re the lawyers – you don’t sue somebody else’s lawyers. MALDEF has five cases against the State of Texas right now, so it’s not just about SB 4. They were draining our resources in other cases, including school finance and redistricting.”

The pre-emptive lawsuit was filed by Attorney General Ken Paxton on May 8 before any legal action was taken against Senate Bill 4. It still includes the following defendants: Travis County Sheriff Sally Hernandez, all of Austin’s City Council members, Austin Mayor Steve Adler, and Austin Interim City Manager Elaine Hart. El Paso County, El Cenizo, Texas Organizing Project, and LULAC have since been added to the list.

“Today, after MALDEF made very clear its intention to pursue all available remedies against the state of Texas for filing a completely frivolous lawsuit against a civil rights law firm, the state relented and filed a voluntary dismissal of all of its claims against MALDEF,” said Thomas A. Saenz, MALDEF president and general counsel, in a statement. “This now permits MALDEF to devote its energies to the appropriate forum for resolving the many constitutional questions surrounding SB 4 – federal court in San Antonio.

“Today’s dismissal represents only a partial cure of Governor Abbott’s and Attorney General Paxton’s apparent problem with premature litigation. A more complete cure involves dismissing the entire preemptive lawsuit they filed in Austin, which is illegitimate against the remaining defendants, just as it was against MALDEF.”

See here, here, and here for some background. I’m sure there will be national coverage of this, which will remind everyone that we’re not just about bathroom bills here in Texas. Houston City Council may have voted to join the fight by this time, though I’d expect it to get tagged for a week. Mark this one on your calendar, next Monday is going to be a big deal. The Observer, which notes that there will be a hearing in Austin on the 29th for “all pending matters” pertaining to his pre-emptive lawsuit, has more.

El Paso County Judge considering a run for Congress

She’s not running for re-election, so that seems the most likely next step.

Veronica Escobar

El Paso County Judge Veronica Escobar won’t seek re-election, she said Monday, adding she is exploring a run for Congress.

“I am looking closely at the congressional seat for the 16th district. It’s not a secret. Congressman (Beto) O’Rourke has raised the bar in a way that is very inspiring. I’m so excited about his run for Senate and I think he can win,” she said.

However, she stopped short of confirming a run for Congress.

“I am certain that I am not going to run for re-election. I do think it’s important to provide the community with enough time so that interested leaders can examine whether they want to do it or not,” she told the El Paso Times on Monday.

She added, “It’s a big race. The countywide race is not easy. And the primary is in March. Folks who may be considering it will need to talk to their family because running for public office is a huge decision.”

The primary for the next county election is in March, with the midterm election in November 2018.

Escobar, 47, was first elected county judge in 2010, and her current term expires Dec. 31, 2018. She previously served as county commissioner for Precinct 2.

[…]

Under Escobar’s leadership, county commissioners implemented a number of reforms within the administration, including in the controversial purchasing office and later creating the county’s first chief administrator position that mirrors a city manager. The county recently created an economic development department.

In a controversial move, Escobar in August 2016 voted in favor of giving county commissioners a nearly $26,600 a year pay raise, bringing their annual salaries to more than $89,000. She voted against giving herself a raise, although commissioners voted to increase her salary by more than $14,400. She now makes $102,000 a year.

Escobar most recently led the county in suing the state over Senate Bill 4, the so-called “show me your papers” law that is set to go into effect Sept. 1. The federal civil lawsuit filed last month seeks to block its implementation, calling the law unconstitutional.

While someone with Escobar’s profile would surely be a formidable candidate, this is a strong Democratic seat, so she will have some company in the primary.

El Paso Independent School District Board of Trustees President Dori Fenenbock is making her intentions clear. “If I can fight for El Pasoans,” she said. “I am happy to do it.”

Although neither have officially announced their candidacy, both say there needs to be a change on the Hill. ” We are feeling very frustrated and disgusted with our national government,” Fenenbock said. Escobar added, “This is a very, very important seat especially (with) what is happening in D.C. right now and all the decisions that will have a direct impact on the border and El Paso.”

Although the election is months away, both potential candidates are thinking about possible competition. “It’s hard to say who will be in the race this early,” Fenenback said. “But I am really focused on the work in Washington.”

I don’t know anything about El Paso politics, so I have no judgment on how good a Commissioner or County Judge Escobar was or how good a school board member Fenenbock is. I do know that if Escobar is elected to succeed Rep. O’Rourke she would be the first Latina elected to Congress from Texas, which would automatically give her a higher profile than the average Congressional newbie. Her departure from her current position may also encourage a current member of the El Paso legislative delegation to run for that job, so there could be a ripple effect to her decision. If you know more about either Judge Escobar or Ms. Fenenbock, please fill us in. In the meantime, we’ll keep an eye on this.

Dallas gets in the fight against SB4

Good for them.

Mike Rawlings

Dallas is joining some other Texas cities, including Austin and San Antonio, in taking on the state’s so-called “sanctuary city” law.

Mayor Mike Rawlings made the announcement Wednesday afternoon, calling SB4 “unconstitutional” and a law that “greatly infringes on the city’s ability to protect” the public. According to Rawlings, the city attorney has “serious constitutional concerns” with the new measure, which goes into effect Sept. 1.

Rawlings said after Wednesday’s council meeting that he had already spoken with Austin Mayor Steve Adler and San Antonio Mayor Ivy Taylor about potential litigation.

“I told them both this was a serious issue,” Rawlings said.

A San Antonio federal district court announced Wednesday it would consolidate the lawsuits filed by all of the cities against the bill and designate the city of El Cenizo as the lead plaintiff. A hearing in that case is set for June 26.

[…]

The Dallas city code allows the city attorney to initiate litigation without the council’s approval. Rawlings made his announcement moments after the City Council met with City Attorney Larry Casto behind closed doors.

Rawlings said he wanted to make sure the council was aligned before Dallas joined the fray. He said Wednesday that a majority of the council agreed with Casto’s recommendation to take on the state.

“We are not a sanctuary city,” he said. “We live by the national laws, and now the question is who’s boss in all this. And this is an unfunded mandate. They’re telling us how our police officers should spend their time and not giving us any money to do that.”

Add yet another city to the list. Dallas may have joined in without it being clear whether they’d be on their own or as part of an existing lawsuit, but that matter appears to have been cleared up for them.

U.S. District Judge Orlando Garcia Wednesday ordered that lawsuits challenging Senate Bill 4, which limits local law enforcement policies on immigration, by San Antonio, the border town of El Cenizo and El Paso County be joined in one large case.

Garcia denied a request by Texas Attorney General Ken Paxton to move those suits to Austin and combine them with a preemptive suit the state filed to have the law declared constitutional.

That also addresses the motion filed by Ken Paxton to combine all the lawsuits with the one he filed. It’s not clear to me why the San Antonio court responded to that and not the Austin court, but I assume the judges have their reasons. In any event, whether one lawsuit or many, the more the merrier. And as far as Houston goes, there may be some action later this month. The Trib has more.

State files motion to combine all the “sanctuary cities” lawsuits

This isn’t a surprise, but there is a bit of a twist.

Best mugshot ever

In a filing late Thursday, Attorney General Ken Paxton asked a federal district court in Austin to absorb two other legal challenges that have been filed against the ban in San Antonio, which is seen as a friendlier venue toward opponents of the law.

In May, the city of El Cenizo became the first jurisdiction to file suit to block the ban. El Paso County followed a few weeks later.

But Texas had filed a pre-emptive lawsuit May 7 asking for the Austin district court to rule the ban constitutional. Because Texas had filed its suit first, Paxton argued in his motion, the cases should be tried in the court it had petitioned under a concept known as the “first-filed” rule.

“The El Paso case (in the San Antonio Division) and this case ask the courts to decide the same legal issues because they are essentially the same case,” Paxton wrote. “Since this case was first-filed, the interests of justice and judicial economy warrant consolidating these cases in the Austin Division.”

Because Texas had filed its suit first in the Austin Division, Paxton said, that court should determine whether other cases should be “dismissed, stayed, transferred or consolidated.”

Paxton also argued that the legal challenges in the San Antonio court should be stopped because the plaintiffs, which include El Paso and El Cenizo, had no connection to that jurisdiction.

“The proper venue for the El Paso case lies in Austin,” he wrote. “There is no substantial connection to San Antonio and plaintiffs sued the Governor and Attorney General in their official capacities. Suits against government officials in their official capacities should be brought in the division from where those officials primarily perform their duties.”

The motion could mean that jurisdictions and groups that had signed on to lawsuits as plaintiffs — like El Paso, El Cenizo and the League of United Latin American Citizens — will now become defendants in the state’s original suit.

[…]

Mimi Marziani, executive director of the Texas Civil Rights Project that is representing the Texas Organizing Project Education Fund, said the state is trying to intimidate civil rights groups to make them wary of joining suits against the ban.

“It’s clear that Texas is seeking to punish civil rights organizations that have bravely stood up against the State and prevent additional groups from coming forward,” she said in a written statement. “Indeed, their lawsuit does not include any specific allegations against groups like our client.”

See here, here, and here for the background. I presume that Paxton will eventually amend his motion to encompass the San Antonio/Austin lawsuit as well. I Am Not A Lawyer, so it is not clear to me what the advantage to Paxton is in doing this, other than his apparent belief that the court he filed in is more amenable to his argument than the San Antonio court. Plaintiffs usually have some burden of proof on them, so you’d think that being the defendant would be the less onerous task, but again, I don’t know what I’m talking about, so any actual attorneys out there are encouraged to weigh in. I do believe that this is intended to intimidate any other potential litigants, though I don’t think it will be successful on that front. In any event, I’ll be keeping an eye on this.

When might Houston file a lawsuit over SB4?

Unclear at this time.

Mayor Sylvester Turner

Responding to calls for Houston to take a tougher stance on immigration legislation, Mayor Sylvester Turner said Tuesday he still is reviewing a controversial state law passed this month that allows police to ask people their immigration status if detained.

The advocacy group FIEL Houston urged Turner earlier in the day to sue the state over Senate Bill 4, which also allows for the jailing of sheriffs and police chiefs who refuse federal requests to hold undocumented immigrants held for other alleged crimes.

The mayor frequently says Houston is a “welcoming city,” but has declined to weigh in for or against the law, which critics view as discriminatory.

“The time for good words or for pretty words (is) over. We need action and we need action immediately,” Cesar Espinosa, executive director of FIEL Houston, said in front of City Hall. “If there was a mass exodus of people or a mass deportation of people, this would affect Houston not only in the service industry but also in many other industries … as well as in society in general.”

Other lawsuits are underway, and San Antonio has now followed suit. I think there’s a case to be made for waiting till the pension reform bill is officially signed, which should be within the next two weeks, but not after that. Stace has more.

UPDATE: The pension bill has been signed. I see no reason not to address the SB4 issue now.

ACLU joins first “sanctuary cities” lawsuit

From the inbox:

The ACLU of Texas and the ACLU Immigrants’ Rights Project have joined the lawsuit challenging Texas Senate Bill 4 (SB4), which demands that local governments and their employees engage in federal immigration enforcement practices. The case, City of El Cenizo, Texas, et al. v. State of Texas, et al., was filed earlier this month on behalf of a group of local governments and law enforcement officials whose rights and ability to serve their own constituents are imperiled by SB4. The Plaintiffs include the City of El Cenizo, El Cenizo Mayor Raul L. Reyes, Maverick County, Maverick County Sheriff Tom Schmerber, Maverick County Constable Mario A. Hernandez, and the Texas State League of United Latin American Citizens (Texas LULAC).

“As the leader of a diverse community along the South Texas border, I am challenging SB4 because it will undo the decades of work to build trust with the immigrant community and to use our scarce resources to increase public safety. We will not be part of Trump’s deportation force,” said Raul Reyes, mayor of El Cenizo. “This lawsuit will give a voice to the people and families that live in fear because of SB4.”

“By joining as co-counsel for the City of El Cenizo, Mayor Reyes, and the other courageous plaintiffs who sued the state, we aim to protect the civil liberties of immigrant communities,” said Edgar Saldivar, senior staff attorney at the ACLU of Texas. “The Constitution does not allow the State of Texas to enact laws that threaten immigrants and the local officials entrusted to protect them. Today, we assert our resistance to the state’s pervasive attacks on vulnerable people and say to Gov. Abbott, see you in court.”

“Under SB4, local authorities will lose control over public safety and Texans will suffer from discrimination because of the color of their skin, accents or background,” said Lee Gelernt, ACLU Immigrants’ Rights Project deputy director.

The El Cenizo lawsuit was filed in the United States District Court for the Western District of Texas, San Antonio Division. The ACLU will serve as co-counsel with Luis Roberto Vera, Jr., LULAC’s National General Counsel, and Renea Hicks of the Law Office of Max Renea Hicks.

See here for the background. There is also the El Paso County lawsuit, which is different in nature due to a previous lawsuit settlement that may put El Paso in conflict with SB4. The city of San Antonio may get into the act in the near future, and once the pension reform bill is signed there will be pressure on Mayor Turner to address the issue as well. I’m happy to see as many lawsuits against this atrocity as possible.

El Paso files “sanctuary cities” lawsuit

Two and counting, as El Paso gets in on the anti-SB4 action.

The lawsuit, filed by El Paso County, its Sheriff Richard Wiles and the Texas Organizing Project Education Fund, a client of the Texas Civil Rights Project, charges that the law, if enacted, would violate several provisions of the U.S. Constitution, including the 14th Amendment’s guarantee of the equal protection of laws; the 14th Amendment’s due process clause; and the Fourth Amendment protection against unreasonable searches and seizures.

The plaintiffs also allege the bill would violate the U.S. Supremacy Clause, which states that federal law — including statutes dealing with immigration enforcement — is “wholly dedicated to the federal government and may not be usurped by the states.”

“All law enforcement agencies and jurisdictions that opt to stay out of immigration enforcement face stringent civil liability,” the lawsuit charges. “And, persons in Texas, particularly Mexican-Americans, those of Hispanic descent, and immigrants and their families, will be caught in the crossfire.”

The lawsuit, filed in San Antonio, which is part of the Western District of Texas’ federal judicial district, comes after the City of El Cenizo and Maverick County filed suit against the state earlier this month. The city of Austin also voted last week to file a suit to stop the controversial measure, which Abbott and other Republicans have argued is needed to ensure Texans are safe from non-deported criminal immigrants who aren’t turned over to Immigration and Customs Enforcement agents.

El Paso County is in a unique situation, however, because it agreed in 2006 to a court settlement after a local resident sued, accusing sheriff’s deputies of conducting unlawful immigration checks at roadside checkpoints. The parties reached an agreement: The sheriff’s office had to “memorialize in writing its policies that prohibits Sheriff’s Department Deputies from enforcing civil immigration law.”

“El Paso also has adopted policies, which may violate SB 4’s unconstitutional mandates,” the complaint reads. “Specifically, the El Paso County Attorney’s office has adopted a policy that prohibits its investigators from making inquiries into the citizenship or residency status for the purpose of determining whether an individual has violated civil immigration law or for the purpose of enforcing those laws.”

See here for more on the El Cenizo/Maverick County lawsuit. More cities are expected to follow suit, though on different grounds than El Paso and its unique situation. It would be nice to know when Houston will join in; one hopes there are plans to address this after the session is over and pension reform is in the can. Meanwhile, Greg Abbott is out there telling lies about SB4 and its effects. Gotta do what you gotta do when the facts are against you, after all. The Press and the Current have more.

More “sanctuary cities” plaintiffs gearing up

Local governments are not going down without a fight.

On Tuesday, which organizers said was the beginning of a “summer of resistance,” Austin City Council member Delia Garza said the city will move this week to take formal action to stop SB 4 in the courtroom.

“I am proud to announce today, with much gratitude for my colleagues, this Thursday we are poised to approve a resolution that directs our city legal team to take any legal action necessary to challenge this awful law,” she said at Tuesday’s rally, which was organized by the Austin City Council, Texas Organizing Project and United We Dream.

[…]

“I have to preserve the work of these brave leaders in Austin,” said Phillip Kingston, a member of the Dallas City Council. “We will be discussing intervening in the case, coming to the aid of Austin because we have a large city attorney’s office we have lots of legal resources.”

Later, El Paso County Commissioner David Stout said the Commissioner’s Court there voted 4-to-1 to move forward with a federal lawsuit in the Western District of Texas.

“We feel that it’s discriminatory and unconstitutional but also we have a settlement agreement … from back in 2006 that basically states we’re not able to have our law enforcement officers to enforce federal immigration law,” he said. “So [SB4]will in effect put us in non compliance.”

Stout was referring to a 2006 legal settlement that El Paso County agreed to after a local resident sued, accusing sheriffs’ deputies of conducting unlawful immigration checks at roadside checkpoints. The parties reached an agreement: The sheriff’s office had to “memorialize in writing its policies that prohibits Sheriff’s Department Deputies from enforcing civil immigration law.”

Paxton has since said that El Paso County would be in compliance but local leaders disagree. The El Paso Times reported that County Judge Veronica Escobar said the county would allocate about $150,000 for litigation costs.

There are multiple lawsuits already in the courts or in the works, plus the one filed by the state to try to head this off. The main question I have at this point is whether there will be a bunch of individual lawsuits filed by various entities – cities, counties, and school districts may all want in on the action – or one monster lawsuit with a gazillion plaintiffs. Either way, there will be no shortage of work for a lot of attorneys. One other point is that while several cities – Austin, Dallas, El Paso, San Antonio – are gearing up to fight, as yet I have seen no indication that Houston will join in. I have seen some griping about this on Facebook, but so far it’s limited to that. CM Robert Gallegos was at the event in this story, but if anyone has asked Mayor Turner what his intentions are or if a Council member has announced an intention to push the issue, I have not yet seen it. The Statesman, the Observer, the Current, and the Press have more.

Seems like it’s just a matter of time before Beto O’Rourke announces his Senate campaign

Soon.

Re. Beto O’Rourke

Eyeing a takedown of Ted Cruz, U.S. Rep. Beto O’Rourke may be on the verge of declaring his candidacy for a 2018 Senate race, the next best gauge whether Texas Democrats are enjoying the resurgence they claim.

O’Rourke, D-El Paso, made national news last week along with U.S. Rep. Will Hurd, R-San Antonio, when they drove together to Washington in a rental car after an East Coast storm canceled many flights.

Their “bipartisan congressional town hall,” intended to show how members of different political parties can get along, drew thousands of followers via live streaming as the two talked about substantive matters, joked with one another and even joined in song along the way.

The congressmen announced Wednesday that the San Antonio to D.C. trip will become an annual event – to be called the Congressional Cannonball Run – and that other bipartisan teams from Congress will be invited to join.

Along with O’Rourke, U.S. Rep. Joaquin Castro, D-San Antonio, is considering the 2018 Senate race and next month intends to make known his decision.

The whole O’Rourke-Hurd bipartisan road trip thing made me roll my eyes, but it accomplished the important purpose of generating a lot of positive attention for O’Rourke, which is no small thing for an otherwise not well known politician from El Paso who wants to mount a statewide campaign. Name recognition is a big deal, and getting that much publicity for free speaks well to his ability to campaign.

The Statesman has a longer profile of O’Rourke, which again speaks to his ability to get noticed. I’m going to focus here on the inevitable “can he win?” stuff.

Texas Democrats last won statewide office 1994. Cruz was elected to the Senate by a margin of 16 percentage points after a come-from-behind victory over Lt. Gov. David Dewhurst in a GOP primary runoff. Cruz quickly became the most popular Republican in Texas, but his strong but failed presidential bid and his up-and-down relationship with candidate and now-President Donald Trump have brought his approval ratings down to earth.

Meanwhile, this is about the time in the political cycle when Democrats succumb to hope over experience.

In June 2013, Democratic hearts soared when then-state Sen. Wendy Davis of Fort Worth filibustered abortion legislation, drawing national attention and social media acclaim that led her to a run for governor in which she raised an enormous amount of money on the way to a 20-point drubbing.

[…]

Trump’s epic unpredictability adds an element of uncertainty for 2018 in Texas as everywhere else and, for Democrats, an urgency to harness all the anti-Trump energy at the grass roots.

“Talk to anybody who works in politics in Democratic and progressive circles in Texas,” said Jeff Rotkoff, a veteran Democratic political strategist who is now director of campaigns for the Texas AFL-CIO. “You would get near unanimous agreement with the statement that interest in political participation by average folks who have not participated in politics in the past is through the roof, and it’s impossible not to connect that to Trump.”

The state Democratic Party says it finds itself deluged with unusual interest by potential candidates at every level, and Texas Democratic Party Chairman Gilberto Hinojosa said that even the possibility of an O’Rourke-Castro contest does not distress him.

“Truthfully, after so many years having a difficult time getting strong candidates to run for the U.S. Senate, it’s a great problem to have,” Hinojosa said.

“I think it’s a healthy thing that both of them feel that they would seriously consider seeking the nomination for the U.S. Senate because they think that Ted Cruz is beatable and because they believe that the atmosphere that is being created in Texas and all across America by the Trump phenomenon is going to make a better atmosphere for Democrats in 2018,” Hinojosa said. “Trump is the gift that keeps on giving.”

O’Rourke said he has been buoyed by recent visits to Fort Worth, Wichita Falls, Amarillo, Austin, Killeen, Waco, College Station, Corpus Christi, Brownsville, McAllen, Laredo, Houston, Dallas and any number of smaller town in between, often meeting with veterans’ service organizations. O’Rourke serves on the Veterans Affairs and Armed Services committees.

Midland, Odessa, Big Spring and Abilene were on the schedule for this weekend.

I’ll address this in more detail in a separate post. For now, focus on the assertions that interest in political participation by folks who had not previously been terribly engaged is way up. The May elections may give us a bit of data to measure that, though we won’t really know until next year. I think we can all agree that getting people more engaged and involved is the first step towards getting more people to vote next year, and any chance Beto O’Rourke or Joaquin Castro – or Mike Collier or anyone else who runs statewide or in one of those target districts – has of being elected starts with that.