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A brief update on the Gutierrez/Eckhardt redistricting lawsuit

First news we’ve had in awhile.

Plaintiff: Democratic state Sens. Roland Gutierrez and Sarah Eckhardt

What the lawsuit argues: Ahead of lawmakers’ third special session, two Democratic state senators sued to block the Legislature from redistricting in a special session this year. The senators argued the Texas Constitution requires that redistricting be done in a regular session that won’t happen until 2023.

If successful, the federal lawsuit by Sens. Eckhardt of Austin and Gutierrez of San Antonio, with political organization Tejano Democrats, would require judges to create interim redistricting plans for the Legislature to use in the 2022 election cycle.

What’s next: The case, filed Sept. 1 in federal court in Austin, has been assigned to a three-judge panel of Reagan appointee Jerry Smith, Obama appointee Robert Pitman and Trump appointee Jeffrey Brown.

State lawyers have asked the court to consolidate the LULAC case with the senators’ case, and asked the court to abstain from a state matter. The officials also argued the plaintiffs misinterpreted the state constitution and cannot challenge the old maps.

On Tuesday, both sides indicated that the plaintiffs intend to pursue similar claims in state court. The three-judge panel then ordered the parties to file a joint status report “when they have determined the impact of the litigation in state court on this case.”

See here for the background on this lawsuit. The LULAC case is the one filed in mid-October after the maps were passed but before they were signed into law, with LULAC and several other groups as plaintiffs, and with MALDEF doing the filing. That lawsuit challenged all of the maps, including the Congressional map – the Gutierrez/Eckhardt lawsuit only challenged the legislative maps, as they are the ones that are covered by the state constitution.

What this sounds like to me is that the two Senators will file a new lawsuit in a state court, and action on the federal side will be put on pause until there is some kind of ruling there, at which point the three-judge panel will consider what its next steps are. I’ll keep an eye out for any news about that filing.

On a side note, this story also had a brief update about the Voto Latino lawsuit. That one was also assigned to a three-judge panel, and it too had an Obama appointee, a Trump appointee…and Jerry Smith. Who was involved in (I believe) the consolidated redistricting cases from the last decade. Do they keep him on ice just for these situations, or is is the luck of the draw? I am mystified. Reform Austin has more.

First lawsuit filed against the redistricting maps

Why wait? We already know they suck.

Before they’ve even been signed into law, Texas’ new maps for Congress and the statehouse are being challenged in court for allegedly discriminating against Latino voters.

Filing the first federal lawsuit Monday in what’s expected to be a flurry of litigation, a group of individual voters and organizations that represent Latinos claim the districts drawn by the Legislature unconstitutionally dilute the strength of their votes and violate the federal Voting Rights Act.

The lawsuit was filed in El Paso by the Mexican American Legal Defense and Educational Fund.

The legal challenge comes as the Legislature rounds out its redistricting work to incorporate a decade of population growth into new maps for Congress, the Texas House and the Texas Senate. Of the 4 million new residents the state gained since 2010, 95% were people of color; half were Hispanic.

Yet the maps advanced by the Republican-controlled Legislature deny Hispanics greater electoral influence — and pull back on their ability to control elections. The House map drops the number of districts in which Hispanics make up the majority of eligible voters from 33 to 30. The Congressional map reduces the number of districts with a Hispanic voting majority from eight to seven.

Here’s the MALDEF press release, and the lawsuit itself is here. From the introduction:

Plaintiffs seek a declaratory judgment that the redistricting plans for the Texas House (Plan H2316), Senate (Plan S2168), SBOE (Plan E2106) and Congress (C2193) violate their civil rights because the plans unlawfully dilute the voting strength of Latinos. Plaintiffs further seek a declaratory judgment that the challenged redistricting plans intentionally discriminate against them on the basis of race and national origin. Plaintiffs seek a permanent injunction prohibiting the calling, holding, supervising, or certifying of any future Texas House, Senate, Congressional and SBOE elections under the challenged redistricting plans. Plaintiffs further seek the creation of Texas House, Senate, Congressional and SBOE redistricting plans that will not cancel out, minimize or dilute the voting strength of Latino voters in Texas. Finally, Plaintiffs seek costs and attorney’s fees.

Glad to know that the SBOW map won’t go unchallenged this time around. The plaintiffs include include the League of United Latin American Citizens (LULAC), Southwest Voter Registration Education Project, Mi Familia Vota, American GI Forum, La Union Del Pueblo Entero, Mexican American Bar Association of Texas, Texas Hispanics Organized For Political Education (HOPE), William C. Velasquez Institute, FIEL Houston Inc., the Texas Association of Latino Administrators and Superintendents, and five individual voters. Defendants are Greg Abbott and Greg Abbott and Deputy Secretary of State Jose Esparza. I expect this will be the first of multiple lawsuits against the actual maps; we also have the still-untested lawsuit by Sens. Eckhardt and Menendez that claimed the Lege could not do non-Congressional redistricting in a special session. There’s supposed to be a hearing for that next week. Given that the three maps in question there might already be signed into law by that time it may be moot, but I’m just guessing. As you know I don’t have much optimism for any of these challenges, including the ones that haven’t been filed yet, but we have to try anyway. You never know.

First two lawsuits filed against the voter suppression bill

No time wasted.

The top elections official in Harris County and a host of organizations that serve Texans of color and Texans with disabilities have fired the opening salvos in what’s expected to be an extensive legal battle over Texas’ new voting rules.

In separate federal lawsuits filed in Austin and San Antonio, the coalition of groups and Harris County sued the state over Senate Bill 1 before it was even signed into law, arguing it creates new hurdles and restrictions that will suppress voters and unconstitutionally discourage public officials and organizations from helping Texans exercise their right to vote.

The lawsuits claim the legislation violates a broad range of federal laws — the Voting Rights Act, the Civil Rights Act, the Americans with Disabilities Act, the Rehabilitation Act of 1973 — and the First, Fourteenth and Fifteenth Amendments.

“Egregiously, SB 1 takes particular aim at voters with disabilities, voters with limited English proficiency — who, in Texas, are also overwhelmingly voters of color — and the organizations that represent, assist, and support these voters,” the plaintiffs in the Austin lawsuit wrote in their complaint.

The plaintiffs in the San Antonio lawsuit,, which includes Harris County, also raise claims that lawmakers intentionally discriminated against voters of color in pushing the legislation.

[…]

The plaintiffs attack head on the lack of evidence that fraud is a widespread problem in Texas elections.

In the San Antonio lawsuit, they argue SB 1’s “additional burdens and restrictions” cannot be justified by invoking “unspecified and unproven voter fraud” when there is no proof that it occurs “beyond the very few examples already identified through Texas’s pre-existing processes and procedures.”

“Rather … SB1 is a reaction to Texas’s changing electorate, which is now more racially diverse and younger than ever before,” they wrote in their complaint.

The claims raised collectively in both lawsuits are as expansive as the legislation is far-ranging.

They include claims on SB 1’s new restrictions on voter assistance, including the help voters with disabilities and those with limited English proficiency are entitled to receive. The plaintiffs point to the reworked oath that a person assisting a voter must recite, now under penalty of perjury, that no longer explicitly includes answering the voter’s questions. Instead, they must pledge to limit their assistance to “reading the ballot to the voter, directing the voter to read the ballot, marking the voter’s ballot, or directing the voter to mark the ballot.”

As part of its claims of intentional discrimination, the lawsuit that includes Harris County as a plaintiff also calls out SB 1’s prohibition on the drive-thru and 24-hour voting initiatives used by the diverse, Democratic county in the 2020 election — both of which county officials said were disproportionately used by voters of color.

SB1 also makes it a state jail felony for local election officials to send unsolicited applications to request a mail-in ballot. Several counties proactively sent applications to voters 65 and older who automatically qualify to vote by mail, but Harris County attempted to send them to all 2.4 million registered voters last year with specific instructions on how to determine if they were eligible.

In outlawing those voting initiatives, Republican lawmakers made it clear they were targeting the state’s most populous county, even though other counties employed similar voting methods.

“My first and only priority is to educate and help voters to lawfully cast their ballots,” Harris County Elections Administrator Isabel Longoria said in a statement. “Voting by mail is not simply another method to vote — for many senior voters and voters with disabilities, it’s their only option to vote. SB1 makes it a crime for me to encourage those who are eligible to vote by mail to do so, effectively making it impossible to fulfill my sworn duty as Elections Administrator.”

Both lawsuits also argue the constitutionality of a section of SB 1 that creates new a “vote harvesting” criminal offense, which it defines as in-person interactions with voters “in the physical presence of an official ballot or a ballot voted by mail, intended to deliver votes for a specific candidate or measure.” The lawsuits argue the language in that section — and the criminal penalties attached to it — are unconstitutionally overbroad and vague and could serve to quash legitimate voter turnout initiatives.

The lawsuits also challenge provisions of SB1 that bolster protections for partisan poll watchers inside polling places, and new ID requirements for voting by mail.

You can see copies of the lawsuits here for Austin and here for San Antonio. I note that Isabel Longoria, the Harris County elections administrator, is a defendant in her official capacity in the Austin lawsuit and a plaintiff in the San Antonio lawsuit. I assume there’s a technical reason why a county elections administrator is named as a defendant in these actions, but I have no idea what algorithm is used to decide which county and administrator. (The Austin lawsuit also includes Dana DeBeauvoir from the Travis County elections office as a defendant, while the San Antonio lawsuit picks the Medina County admin. Go figure.)

I’m not going to speculate on the merits or chances of these lawsuits, which I assume will eventually get combined into a single action. I expect that they have a strong case, and we know from past performance that the Republicans in the Lege tend to be shoddy and indifferent in their work when they pass bills like these, but none of that really matters. What matters is what if anything the Fifth Circuit and SCOTUS deign to find objectionable. For obvious reasons, I’m not going to get my hopes up. I expect the Justice Department to get involved on the side of the plaintiffs, and there’s always the specter of passing the John Lewis Act and making this way easier on everyone. In the meantime, settle in for the long haul, because we know this will take years to come to a resolution. Look to see what happens when (I feel confident saying “when” and not “if”) a temporary restraining order is granted.

Abbott’s migrant roundup order still blocked

Good.

A federal judge in El Paso on Friday extended her order blocking Gov. Greg Abbott’s directive to state troopers to pull over drivers transporting migrants “who pose a risk of carrying COVID-19.”

U.S. District Judge Kathleen Cardone lengthened her restraining order by another two weeks after a hearing Friday, according to a court filing. Her original order on Aug. 3 was set to expire Friday.

In July, Abbott ordered state troopers to pull over civilian drivers giving rides to recent immigrants who may be infected with the virus and redirect the drivers to their origin point. If the driver didn’t comply, the troopers should seize their vehicles, the order said.

Soon after, the U.S. Department of Justice sued Texas and Abbott, describing the governor’s executive order as “dangerous and unlawful.”

In the lawsuit, the DOJ said Abbott’s order would disrupt federal immigration officials’ network of contractors and nongovernmental organizations that help host recently arrived migrants while their legal cases are pending.

See here and here for background on the suit filed by the Justice Department. There’s also now another lawsuit filed by the ACLU on behalf of several groups; as far as I know there has not yet been a hearing for that. In keeping with my earlier posts, I don’t know how this is likely to play out, but as a rule any time Greg Abbott and Ken Paxton lose in court, it’s probably a good thing.

Another lawsuit filed against Abbott’s migrant transport order

Bring them on.

Immigrant rights groups backed by the American Civil Liberties Union filed a federal lawsuit against Texas Governor Greg Abbott over his executive order restricting the transportation of migrants, claiming it goes against federal law and amounts to racial profiling at the southern border.

The legal challenge was brought by the nonprofit Annunciation House, a migrant shelter provider in El Paso, along with immigrant advocacy groups Angry Tias & Abuelas of the Rio Grande Valley and FIEL Houston,. They are represented by attorneys with the ACLU’s Immigrants’ Rights Project and the ACLU of Texas.

This lawsuit, filed late Wednesday in El Paso federal court, comes six days after the U.S. Department of Justice sued Abbott to block the order. On Tuesday, a federal judge in that case issued a temporary restraining order blocking enforcement of the order until a hearing on an injunction can be held.

Echoing the DOJ’s claims, the ACLU and immigration groups allege that the order violates the supremacy clause of the U.S. Constitution by attempting to regulate the movement of migrants, which is for the federal government to decide. They also say the order unlawfully attempts to regulate the federal government.

[…]

In Wednesday’s lawsuit, the ACLU argues the order will directly impact people who have been released from the federal government’s custody into the country to await their immigration hearing. Those people will be unable to get any form of transportation after being released from CBP custody, according to the complaint, which points out that state law enforcement officials would be taking migrants back to CBP after the agency released them.

The groups also claim the order allows Texas police to racially profile travelers along the border region.

“It directs state officers to make their own determinations about passengers’ immigration status, wholly independent of the federal government, and to impose harsh penalties based on those unilateral immigration decisions,” the lawsuit states. “It opens the door to profiling, standardless detention, questioning, vehicle seizure, rerouting, and heavy fines. The executive order is already having a profound chilling effect on people’s movement in border communities and throughout the state.”

In addition, the immigrant advocacy organizations say they will be directly affected by the order if it is allowed to be enforced. Annunciation House transports migrants who have been released from federal immigration custody to its facility, which houses migrants in the El Paso area. Angry Tias funds numerous services for migrants, including a taxi service that is kept on retainer. Both groups say they would be unable to provide such services under the governor’s order, would face having their vehicles impounded and would be left with no way of assisting migrants.

See here and here for background on the suit filed by the Justice Department. As before, I don’t really know enough to say much of value – I’m not fully clear on the differences in the claims made by the two groups of plaintiffs. It may be that this suit winds up getting combined with the other one, as often happens. Whatever the case, I’m rooting for the plaintiffs. The Texas Signal and Daily Kos have more.

Sheriff Gonzalez nominated to lead ICE

Wow.

Sheriff Ed Gonzalez

President Joe Biden announced Tuesday that he will nominate Harris County Sheriff Ed Gonzalez, a vocal skeptic of cooperating with federal immigration authorities in certain circumstances, to serve as director of U.S. Immigration and Customs Enforcement.

As head of ICE, Gonzalez would help oversee one of the most contentious parts of Biden’s agenda: enforcing U.S. immigration law. Biden has promised to unwind much of predecessor Donald Trump’s hardline border policies.

Gonzalez is a former Houston police officer who served on the City Council before first getting elected sheriff in 2016. He won a second four-year term in 2020. During his first term, he was a vocal critic of Trump’s approach to immigration.

In 2019, when Trump tweeted that his administration would be deporting “millions of illegal aliens,” Gonzalez posted on Facebook that the “vast majority” of undocumented immigrants do not proposed a threat to the U.S. and should not be deported.

“The focus should always be on clear & immediate safety threats,” he said.

And soon after taking office, Gonzalez ended a Harris County partnership with ICE that trained 10 deputies to specifically screen jailed individuals for immigration status and hold any selected for deportation. According to the Houston Chronicle, cutting the program still meant Harris County would hold inmates for deportation regardless of their charge, but only if ICE officials themselves made the request. According to a 2020 report by Houston Immigration Legal Services Collaborative, ICE responded to the program’s cancelation by stationing nine ICE officers in the jail, who continued to screen and detain Harris County residents.

The program ended in late February of 2017, but between Jan. 20 and May 4 of that year, the number of people transferred into ICE custody from Harris County was 60% higher than it was for the same period in 2016. TRAC, a federal agency research center run by Syracuse University, found that Harris County received the most ICE immigration holds in both fiscal year 2018 and 2019, but it’s unclear how many resulted in deportations. The HILSC report estimated that ICE physically deported 6,612 Harris County residents in 2018.

Syracuse University found that Harris County had the third most immigrants transferred to ICE from local law enforcement in fiscal year 2018, in large part due to fingerprint records shared under the Secure Communities program. Harris County is the third most populous county in the United States.

Gonzalez also vocally opposed 2017 legislation that would prevent cities from banning local law enforcement from asking about immigration status and would push civil fines and a misdemeanor offense on law enforcement who don’t comply with federal immigration enforcement.

In a letter to the Senate Committee on State Affairs, Gonzales opposed what supporters dubbed “anti-sanctuary city” legislation, saying it would take public safety resources away from addressing other local safety issues, such as human trafficking and murder.

“I am also concerned about the risk of an unintended consequence: creating a climate of fear and suspicion that could damage our efforts to reinforce trust between law enforcement and the communities we serve,” he wrote.

Let’s just say that ICE is an institution in need of some big, big reforms. I have a ton of faith in Sheriff Gonzalez, and I believe he is up to the challenge. He’s going to have his work cut out for him.

More from the Chron.

Lina Hidalgo, Harris County Judge, lauded the nomination and called Gonzalez her friend.

“I’ll be sad for him to leave us, but President Biden will gain a compassionate, thoughtful and courageous leader,” Hidalgo said in a tweet. 

Under state law, Harris County Commissioners Court, which Hidalgo leads, is tasked with appointing Gonzalez’s replacement, who would then serve until the winning candidate from the November 2022 election is sworn in.

Gonzalez took office after defeating Republican Ron Hickman, his predecessor and a Commissioners Court appointee, in 2015 after former sheriff Adrian Garcia resigned to run unsuccessfully for Houston mayor.

Garcia, now a Commissioners Court member, would be among the county leaders to pick Gonzalez’s replacement.

“He brings with him such a wealth of experience — the wealth of experience coming from the fact that he is a long-time law enforcement leader,” Garcia said.

Past immigration enforcement leaders, Garcia said, have not brought that experience to the table.

Garcia pointed to Gonzalez’s decision to end a contested ICE partnership — known as 287G — in which some Harris County sheriff’s deputies were trained to perform the functions of federal immigration officers. Under the program, deputies were trained to determine the immigration status of jailed suspects and hold those selected for deportation.

Gonzalez said the sheriff’s office saved at least $675,000 by redeploying deputies to other law enforcement duties.

“I supported him in abolishing that policy,” Garcia said.

[…]

Immigrant advocates expressed guarded optimism to the Biden administration’s ICE choice, with FIEL Houston officials calling him a listener.

“We can attest to is the fact that he has been and continues to be a man who listens to and takes input from the community,” Cesar Espinosa, FIEL executive director, said in a statement. “We understand that the role he is about to undertake is a huge and controversial role and we wish him well in this endeavor.”

Regardless of who leads the law enforcement agency, Espinosa said he would like for ICE leadership to end immigration raids, the use of the 287G program elsewhere and stop forcing ankle monitors on those “who do not pose a flight risk.”

Ali Noorani, president of the National Immigration Forum, called Gonzalez a humane choice for ICE leadership.

“His proven track record of pushing for smarter immigration enforcement, as well as advocating for Dreamers in his community, is an encouraging sign that he would run ICE with both practicality and compassion,” she said.

César Cuauhtémoc García Hernández, a law professor at the University of Denver focused on immigration, noted Gonzalez’s “complicated history” with ICE, given his decision to end the controversial 287(g) agreement with the agency.

“It will be interesting to see how much that decision is reflected in his work as head of ICE assuming he confirmed by the senate,” he said.

He also noted that while Gonzalez, if confirmed, would take over a significantly larger agency, but would be accepting a role where he would no longer be the top decision maker or policy setter — and instead accept direction from the Biden White House or Department of Homeland Security Secretary Alejandro Mayorkas.

True, but Sheriff Gonzalez was also a City Council member, so he has experience in not being the top person in the organization. He’ll do fine, as long as he has the resources and the mandate to do what needs to be done.

As for the local political implications, we may get a current Constable elevated to the Sheriff’s job, or we may get one of Gonzalez’s top assistants. I’m sure we’ll start hearing some names soon, and I expect Commissioners Court to fill the spot within a month or so of his departure. Which will not be until after he’s confirmed, so we’ll see how long that takes. Whatever the case, all the best wishes to Sheriff Gonzalez. We’ll miss you, but the country as a whole will be better off.

(The same press release also announced that former CD23 candidate Gina Ortiz Jones was nominated to be under secretary of the Air Force. She is highly qualified for that job, and I wish her all the best as well.)

More local pushback against SB7 and HB6

From the inbox:

Mayor Sylvester Turner invited a diverse group of elected officials, community leaders, and business executives to stand in solidarity against voter suppression bills in the Texas Legislature.

More than 50 individuals and organizations have vowed to fight Senate Bill 7 and House Bill 6, which would make voting more difficult and less accessible to people of color and people with disabilities.

“The right to vote is sacred. In the 1800’s and 1900’s in this country, women, and people of color had to fight to obtain that right to vote,” Mayor Turner said. “In 2021, we find ourselves again fighting bills filed in legislatures across this country that would restrict and suppress the right of people to vote. These bills are Jim Crow 2.0.”

In addition to elected and appointed officials from Harris and Fort Bend Counties, prominent attorneys, Christian, Jewish and Muslim faith-based leaders joined the mayor Monday afternoon.

Representatives from the following organizations were also present:

NAACP, Houston Area Urban League, Houston LGBT Chamber of Commerce, Houston Asian Chamber of Commerce, League of Women Voters Houston, Houston in Action, FIEL, ACLU, Communications Workers of American, IAPAC, Mi Familia Vota, Houston Black Chamber of Commerce, Southwest Pipe Trades Association, National Federation for the Blind of Texas, Houston Hispanic Chamber of Commerce, Anti-Defamation League (ADL), Employment & Training Centers, Inc. and others.

Watch the entire voter suppression news conference here.

I’ll get to the Chron story on this in a minute. The TV stations were at this presser, and KTRK had the best coverage.

Mayor Sylvester Turner hit at a GOP-led effort that lawmakers say protects the integrity of Texas ballots, but what leaders around Houston believe do nothing but suppress the right to vote.

Turner was joined by leaders including Harris County Judge Lina Hidalgo and Fort Bend County Judge K.P. George at the George R. Brown Convention Center on Monday.

Multiple major corporations based in Texas have already spoken out in opposition to Republican-led legislative proposals to further restrict voting in Texas.

[…]

Both measures are legislative priorities for Texas Republicans, who this year are mounting a broad campaign to scale up the state’s already restrictive voting rules and pull back on local voting initiatives championed in diverse urban centers, namely in Harris County, during a high-turnout election in which Democrats continued to drive up their margins. That push echoes national legislative efforts by Republicans to change voting rules after voters of color helped flip key states to Democratic control.

Click over to see their video. One more such effort came on Tuesday.

The press conference was convened by the Texas Voting Rights Coalition and included statements from MOVE Texas, Black Voters Matter, Texas Organizing Project, Texas Civil Rights Project and the Barbara Jordan Leadership Institute. Beto O’Rourke, who traveled to the Texas State Capitol to testify against HB 6, and Julián Castro also spoke at the press conference.

This latest move comes after American Airlines became the largest Texas-based company to announce their opposition to voter suppression bills in Texas. Several of the speakers specifically called out Dallas-based AT&T for their silence in the wake of voter suppression legislation.

Cliff Albright from Black Voters Matter, which is based out of Georgia but has several statewide chapters, cited the corporate accountability campaign that took place in his own state after the governor signed sweeping legislation targeting the right to vote, which prompted Delta Airlines and Coca-Cola to belatedly issue statements against that legislation. “If AT&T can convince folks to upgrade a phone every few months, certainly they can convince folks that voter suppression is bad,” Albright said. He also mentioned companies with a national profile should be speaking out in favor of voting rights legislation, like H.R. 1, which recently passed the U.S. House of Representatives.

O’Rourke also leaned into the pressure that Texans can place on companies like AT&T. He also mentioned several other Texas-based companies like Toyota, Frito Lay, and Southwest Airlines as organizations that should lend their voice against voter suppression. “Reach out to these companies, you are their customer you have some leverage, ask them to stand up and do the right thing while we still have time,” he said.

Castro was blunt about SB7 and HB6. “This is a Republican party power grab,” he said. Castro also called on companies to develop a consciousness regarding the right to vote. “Companies in the state of Texas and outside of it who do business here can choose to either stand on the side of making sure people have the right to vote and are able to exercise that right, or they can stand on the side of a party that is only concerned with maintaining its power and want to disenfranchise especially black and brown voters to do that.”

Castro also emphasized that the legislation in Texas is also about voter intimidation. The former mayor of San Antonio pointed out that one of the provisions in the legislation allows for the videotaping of any voter suspected of committing fraud, even though voter fraud almost never happens.

Mimi Marziani, the President of the Texas Civil Rights Project (TCRP), also spoke about the grave effects this legislation would have on communities of color. Marziani highlighted some findings that TCRP is releasing later in the week from renowned economist Dr. Ray Perryman that shows that voter suppression leads to less political power, lower wages, and even decreased education.

Marziani also mentioned that voter suppression bills have a track record of impacting states and their ability to generate tourism. “Big event organizers might choose to avoid a state altogether and avoid any appearance of approving a controversial policy,” she said. Marziani cited the decision of Major League Baseball to relocate their All-Star Game out of Atlanta as a recent example.

In terms of direct action towards Texas-based companies, the event organizers indicated that there are going to be several ongoing calls to actions including email campaigns and phone drives. Jane Hamilton, from the Barbara Jordan Leadership Institute, said her organization (along with the Texas Organizing Project) would be holding a press conference outside of AT&T’s Dallas headquarters later this week to engage with them directly.

And one more:

Major League Baseball’s decision to pull the 2021 All-Star Game from Atlanta over Georgia’s recent controversial voter law is sparking calls for other organizations to do the same but in Texas.

Progress Texas says that the NCAA should reconsider holding men’s basketball games in Texas in the coming years due to election bills currently on the table in the Texas Legislature.

[…]

“Since Texas Republicans insist on pushing Jim Crow voter suppression efforts, the NCAA basketball tournament should insist on pulling next year’s first and second-round games out of Fort Worth and San Antonio,” said Ed Espinoza, executive director at Progress Texas in a release. “The NCAA can join American Airlines, Dell, Microsoft, and Southwest Airlines and send a message to Texas lawmakers: we won’t stand for voter suppression.”

[…]

According to the NCAA’s men’s basketball calendar, Texas Christian University in Fort Worth and the University of Texas at San Antonio in San Antonio are currently set to hold preliminary rounds in 2022, and Houston and San Antonio are set to host the national championship games in 2023 and 2025 respectively.

The NCAA has previously pulled games due to controversial legislation. In 2016, the NCAA relocated seven previously awarded championship events from North Carolina over the since-repealed HB 2, a law that required transgender people to use public bathrooms that conform to the sex on their birth certificate.

Swing for the fences, I say. All this is great, and I’m delighted to see companies like AT&T come under increased pressure. There’s a lot to be said about the national response from businesses in favor of voting rights, and the whiny freakout it has received in response from national Republicans, but this post is already pretty long.

I applaud all the effort, which is vital and necessary, but it’s best to maintain some perspective. These bills are Republican priorities – emergency items, you may recall – and they say they are not deterred.

State Sen. Bryan Hughes, R-Mineola, the author of SB7, said some of the bill’s anti-fraud measures are being lost in the “national narrative” about it. He pointed to improved signature verification rules to make sure absentee ballots are thrown out when they don’t match. Another provision would allow people to track their absentee ballots so they can see that they arrived and were counted.

Still, critics have focused on how the legislation will end drive-thru voting and 24-hour early voting locations, both of which were popular in Harris County during the 2020 election, which saw record turnout statewide.

One of those businesses trying to make itself heard is American Airlines.

“To make American’s stance clear: We are strongly opposed to this bill and others like it,” the carrier said in a statement released Friday.

[Lt. Gove Dan] Patrick fired back a short time later.

“Texans are fed up with corporations that don’t share our values trying to dictate public policy,” Patrick said. “The majority of Texans support maintaining the integrity of our elections, which is why I made it a priority this legislative session. Senate Bill 7 includes comprehensive reforms that will ensure voting in Texas is consistent statewide and secure.”

Patrick is scheduled to hold a news conference Tuesday to further defend the election reform bill against such criticism.

Hughes said he’s willing to listen to the business leaders upset with the bill, but he said many haven’t been clear about exactly what they want changed in the legislation.

“They haven’t told us what about the bill they don’t like,” Hughes said.

We’ll get to Dan Patrick in a minute. As for Sen. Hughes, the problem with signature verification rules is that there’s no standard for matching signatures, it’s just the judgment of whoever is looking at the ballot. People’s signatures change over time – mine certainly has, from a mostly-readable cursive to an unintelligible scrawl. More to the point, various studies have shown that the mail ballots for Black voters get rejected at a higher rate than they do for white voters. As for what the corporations don’t like about SB7, that’s easy: They don’t like the bill. It’s a kitchen sink of bad ideas for non-problems. Just take out everything except for the provision to allow people to track their absentee ballots online.

I am generally pessimistic about the chances of beating either of these bills, but there may be some hope:

Legum notes that there are at least two House Republicans who have publicly voiced criticisms of SB7 and HB6, and if they are actual opponents of the bills it would only take seven of their colleagues to have a majority against them. Still seems like a steep hill to climb, but maybe not impossible. If you have a Republican representative, you really need to call them and register your opposition to these bills.

As for Dan Patrick and his Tuesday press conference, well…

Is there a bigger crybaby in Texas than Dan Patrick? None that I can think of. His little diatribe was also covered, with a reasonable amount of context.

The local response (so far) to the ICE raids

This is good.

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

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

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

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

[…]

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

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

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

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

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

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

This is also good.

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

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

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

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

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

We need a coordinated strategy to fight these immoral immigration raids

I feel such despair about this.

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

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

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

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

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

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

[…]

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

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

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

[…]

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

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

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

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

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.