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Endorsement watch: The Susan Collins of Texas

Three things in life are certain: Death, taxes, and certain Chron endorsements.

Rep. Sarah Davis

The voters in state House District 134 — a swing district that covers all or parts of River Oaks, Bellaire and Meyerland and includes the Texas Medical Center — face a tough choice in the Nov. 3 election.

Five-term Republican incumbent Rep. Sarah Davis and Democratic challenger Ann Johnson are both well-qualified, skilled communicators whose many talents would serve them well in the Legislature.

We recommend Davis, 44, based on her experience, growth in office and independence.

A rare Texas Republican who supports abortion rights, she has moved from the tea party positions of her first 2010 victory to embrace the Affordable Care Act provisions of Medicaid expansion and coverage of pre-existing conditions as well as bucking her party on other issues.

[…]

Johnson has stressed her policy differences with Davis on immigration and gun control, where the incumbent is more in line with the GOP. Johnson has criticized Davis’ vote to let school districts arm teachers and to require universities to permit guns in campus parking lots and her sponsorship of a “show me your papers” bill to allow local law enforcement officials to ask about immigration status.

Those are not measures supported by the editorial board.

And yet. In the same way that the Chron endorsed Orlando Sanchez for Treasurer in four straight elections, so have they endorsed Sarah Davis consistently since 2012. Look, if you want to believe that Sarah Davis is a force for good for reproductive rights and LGBTQ equality and even expanding Medicaid, I can’t stop you. I happen to think that campus carry and “sanctuary cities” legislation are indelible stains on her record, but you do you. My opinion is that it’s better to maximize the odds of a Democratic House than to depend on a singular Republican savior. Your mileage may vary.

(Where the post title came from.)

Census shenanigans halted for now

Good.

[On] Saturday, US District Judge Lucy Koh issued a temporary restraining order to stop Census Bureau officials from winding down door-knocking and online, phone, and mail response collection by September 30—a month early—writing that the shortened census timeline could cause “irreparable harm.”

“Because the decennial census is at issue here, an inaccurate count would not be remedied for another decade, which would affect the distribution of federal and state funding, the deployment of services, and the allocation of local resources for a decade,” Koh wrote.

The US Census Bureau had originally planned to end their count by October 31, a date chosen to accommodate delays caused by the pandemic. But on August 3, the bureau announced that it would stop collecting census responses by the end of September, and was attempting to “improve the speed of our count without sacrificing completeness.” At the time, just 63 percent of households had responded. Immediately afterward, four former census bureau directors issued a public statement explaining that a shortened timeline would “result in seriously incomplete enumerations in many areas of the country.” Later that month, the Government Accountability Office, a nonpartisan watchdog, also reported that “compressed timeframes” in the 2020 census could undermine the overall quality of the census count.

Now, at least until a hearing on September 17, the Census Bureau may not take steps to wind down its counting operations, such as terminating field staff.

The Chron adds some detail.

At a hearing Friday, Justice Department attorney Alexander Sverdlov told Koh that any “anxiety” about the census was “not warranted” and that operations were shutting down only when 85% to 90% of residents in a particular locale had responded. He argued in a court filing that said the government’s “decisions on how and when to complete a census turn on policy choices that are unreviewable political questions.”

The population count is crucial for states’ U.S. House representation and the distribution of $800 billion in federal aid each year. Separately, President Trump is seeking to exclude undocumented immigrants from the census, an action challenged by California and other states in multiple lawsuits.

Koh questioned the government’s explanations at Friday’s hearing and was equally skeptical in Saturday’s ruling.

The administration has insisted that moving the deadline up to Sept. 30 was necessary to deliver the census results to the president by Dec. 31, rather than by next April, under a previous timetable. But Koh said the Census Bureau’s deputy director, Albert Fontenot, “acknowledged publicly less than two months ago that the bureau is ‘past the window of being able to get accurate counts to the president by Dec. 31.’” She said the bureau’s head of field operations made the same admission in May.

Koh also quoted Fontenot as saying, in a court filing Friday night, that the bureau has begun terminating its temporary field staff in areas that have completed their work, and it is difficult to bring them back. That underscores the need for a restraining order halting any further cutbacks until the legality of the one-month delay is resolved, she said.

See here for the background. Harris County, along with Commissioners Ellis and Garcia, are among the plaintiffs in this lawsuit. Perhaps if we can wait to deliver the results to the President until, say, January 21, we can feel a bit more comfortable that they will get a proper review, and that the data is sufficiently accurate. Perhaps we could also then see about fixing anything that was clearly effed up thanks to the Trump team’s constant efforts at sabotage. If we are blessed with an all-Democratic government, we can pass a bill to allow statistical sampling, which would help a lot. There’s no reason to trust anything this administration has done with the Census, and every reason to give a new administration a chance to fix the more egregious errors. The Trib has more.

Lawsuit filed to restore original Census deadline

Good.

Citing the high stakes of a botched census, Harris County and two of its Democratic county commissioners have signed on to a federal lawsuit trying to block the Trump administration’s efforts to end counting for the 2020 census a month earlier than planned.

The constitutionally required count of everyone living in the country had been extended due to the coronavirus pandemic and was to run through Oct. 31. But the Census Bureau announced earlier this month it will end the count sooner, moving up the deadline for responding to Sept. 30.

A federal lawsuit filed Monday in California alleges that the shortened schedule is unconstitutional because it will not produce a fair and accurate count and that the Census Bureau’s move violates federal administrative law because the decision was “arbitrary and capricious.”

The lawsuit is led by the National Urban League and the League of Women Voters. Harris County, which is the state’s largest, joined in along with other local entities including the city of Los Angeles and King County in Washington. Harris County Commissioners Rodney Ellis and Adrian Garcia are signed on as individual plaintiffs.

“Undercounted cities, counties, and municipalities will lose representation in Congress and tens of millions of dollars in funding,” the lawsuit reads. “And communities of color will lose core political power and vital services. In contrast to these dire stakes, the immediate solution to this problem is simple: set aside and enjoin implementation of the impossibly-shortened Rush Plan, which is based on an unexplained change of position, and allow the Census Bureau to implement the plan that it had designed to fulfill its constitutional duties during the pandemic.”

[…]

The October cutoff had offered organizers crucial overtime for the count after the coronavirus pandemic derailed canvassing and outreach efforts that in some regions of the state, like in Harris County, had been in the works for years.

But those efforts have been further disrupted by what Harris County and other plaintiffs in the lawsuit dubbed as the “rush plan.” Mailers ordered before the change had to be redone, with county workers forced to purchase stickers to cover the old deadline on those materials.

In announcing the new deadline, Census Bureau Director Steven Dillingham said the bureau planned to hire more employees “to accelerate the completion of data collection” and avoid a delay in reporting counts for seats in Congress and the distribution of redistricting data.

“The Census Bureau’s new plan reflects our continued commitment to conduct a complete count, provide accurate apportionment data, and protect the health and safety of the public and our workforce,” Dillingham said in a statement.

But the earlier deadline has heightened the possibility that Texas will be undercounted and that low-income and Hispanic Texans in particular — who were already at the highest risk of being missed — will go uncounted at a time when the coronavirus pandemic is ravaging their communities.

here for some background, and here for a peek at the lawsuit. Combined with Donald Trump’s surely illegal order to keep undocumented immigrants from being counted for the purposes of apportionment, it’s like Trump and his enablers really don’t want Texas to get any additional Congressional districts next decade. I continue to marvel at Greg Abbott and Dan Patrick and Ken Paxton’s ability to shrug that kind of insult off. By the way, that “arbitrary and capricious” language is a sign that the plaintiffs are aiming for a ruling that Trump has once again violated the Administrative Procedures Act, the federal law that has killed multiple similar efforts by Trump in the past. Let’s hope we can add this one to that trash heap.

How to lose a Congressional seat

As things stand right now, Texas will gain three Congressional seats in the 2021 reapportionment, as Texas continues to be the fastest-growing state in the country. There is one thing that can stop that, however: Donald Trump.

President Donald Trump opened a new front Tuesday in his effort to keep undocumented immigrants from being counted when lawmakers redraw congressional districts next year, a move that could cost Texas several seats in Congress if it succeeds.

Trump attempted last year to include a citizenship question on the 2020 census, but was shot down by the courts. On Tuesday, he signed a memorandum directing Secretary of Commerce Wilbur Ross to exclude undocumented immigrants who might be included in the census count from the “apportionment base,” or the base population that’s used to divide up seats in Congress.

The order, which will surely be challenged in court, is Trump’s latest effort to differentiate between citizens and noncitizens when states redraw the boundaries of political districts each decade to account for growth. Recent estimates indicate the size of the undocumented population in Texas has reached nearly 1.8 million. Excluding those residents from population counts to draw up congressional districts would likely lead to a drastic realignment of representation and power throughout the state.

The U.S. Constitution mandates that representation in Congress be divided among states based on a count every 10 years of every person residing in the country. But the Constitution, Trump wrote, does not define “which persons must be included in the apportionment base.”

“Excluding these illegal aliens from the apportionment base is more consonant with the principles of representative democracy underpinning our system of Government,” the memo reads. “Affording congressional representation, and therefore formal political influence, to States on account of the presence within their borders of aliens who have not followed the steps to secure a lawful immigration status under our laws undermines those principles.”

[…]

“The Constitution requires that everyone in the U.S. be counted in the census,” Dale Ho, director of the ACLU’s Voting Rights Project, said in a statement. “President Trump can’t pick and choose. He tried to add a citizenship question to the census and lost in the Supreme Court. His latest attempt to weaponize the census for an attack on immigrant communities will be found unconstitutional. We’ll see him in court, and win, again.”

Litigation has indeed been filed, in multiple lawsuits and venues at this point. My interest in pointing this out was the very narrow one of showing what this would mean to Texas.

If unauthorized immigrants were excluded from the apportionment count, California, Florida and Texas would each end up with one less congressional seat than they would have been awarded based on population change alone. California would lose two seats instead of one, Florida would gain one instead of two, and Texas would gain two instead of three, according to analysis based on projections of Census Bureau 2019 population estimates and the Center’s estimates of the unauthorized immigrant population.

Alabama, Minnesota and Ohio would each hold onto a seat that they would have lost if apportionment were based only on total population change. Alabama filed a lawsuit in 2018 seeking to block the Census Bureau from including unauthorized immigrants in its population count.

[…]

The Census Bureau does not regularly publish counts or estimates of unauthorized immigrants, although the Department of Homeland Security has done so. Last year, after the U.S. Supreme Court ruled against including a question about citizenship on the 2020 census, the president ordered the Census Bureau to assemble a separate database, using other government records, on the citizenship status of every U.S. resident. This has also been challenged in court.

The Center’s analysis relies on assumptions about populations to be counted in the 2020 census and estimates of unauthorized immigrants. The actual figures used for apportionment will be different from these, and so the actual apportionment could differ regardless of whether unauthorized immigrants are excluded from the apportionment totals.

You might think that Texas’ political leaders would be up in arms about this. That Congressional seat belongs to Texas! State’s rights! You know the drill. And sadly, you also know that our Trump-hugging Attorney General would never, ever say or do anything that would contradict his Dear Leader. What’s a Congressional seat (or two, or even three, if our dismal failure to support a complete Census effort causes the official count to be unexpectedly low) compared to a favorable tweet from Donald Trump? That’s a question we should all be asking, loudly and often, in 2022, when they are up for re-election.

One more thing:

Texas House leaders have previously indicated to The Texas Tribune they have no plans to alter the way Texas redraws political districts even if the Legislature obtained more detailed data on citizenship.

“Bottom line, the law for the Texas House and the Senate — and frankly the courts and the State Board of Education — requires it be done by total population, as does the U.S. Constitution with regard to congressional seats,” said state Rep. Phil King, a Republican from Weatherford who chairs the House Redistricting Committee.

That’s good to hear, but my understanding is that while the State House is explicitly mandated to use total population in redistricting, the State Senate is not. That’s why it was the Senate map that was targeted in the Evenwel case. So, while I hope Rep. King means what he says here, the possibility very much exists that the Lege will try a different tack. (Also, it’s usually the House that draws the House map, and the Senate that draws the Senate map. I’d like to know what the relevant Senate committee chair has to say about this.)

UPDATE: From Ross Ramsey at the Trib:

In a letter urging Texas Attorney General Ken Paxton to take legal action to stop the proposal, state Rep. Chris Turner, D-Grand Prairie, framed the idea as an attack on Texas.

“Filing suit to block the Presidential Memorandum to the Secretary of Commerce dated July 21 would be wholly consistent with your official biography that explains as Attorney General, you are ‘focused on protecting Texans and upholding Texas laws and the Constitution’ and ‘fighting federal overreach.’ Indeed, if unchallenged, the President’s actions would likely hurt Texas more than any other state.”

The partisan politics here are clear enough. Turner is the chairman of the Texas House Democratic Caucus. Paxton, a Republican, is the newly branded co-chair of the national Lawyers for Trump.

But not all that is political is partisan, even in an election year. Does anyone in elected office here think Texas should have less influence in Washington, D.C.?

Good question. Someone should ask Ken Paxton, and Greg Abbott, and Dan Patrick, and John Cornyn and Ted Cruz, and all of the Republican members of Congress.

Let’s talk “meaningful reform”

Chief Acevedo brought it up, so let’s go there.

Houston Police Chief Art Acevedo’s voice cracked several times and his eyes welled as he railed against the death of George Floyd beneath a policeman’s knee and implored protesters to demonstrate peacefully with him.

“I will not allow anyone to tear down this city, because this is our city,” Acevedo shouted on Sunday to the group of mostly black Houstonians surrounding him at one of many protests in the wake of video showing Floyd’s fatal encounter with police in Minneapolis. “Pay close attention! Because these little white guys with their skateboards are the ones starting all the s–t.”

Video of Acevedo’s profanity-laced remarks went viral and, along with his other blunt statements this week, won the chief acclaim from those outraged by the death of Floyd, a former Third Ward resident.

It has also drawn anger from those who say Acevedo has failed to address the very things he’s condemning at home. His calls for police to be more transparent and enact “meaningful reform” have refocused attention on a series of fatal shootings by his own officers, and his refusal to release body camera video of the incidents.

“We’re looking at him say one thing on camera, but locally, we know different,” said Dav Lewis, a local activist who was friends with Adrian Medearis, one of the men who died in the spate of shootings. “We know different locally. We have not seen police accountability.”

The chief has also resisted calls to release the results of an audit of his narcotics division, rocked last year by one of its worst scandals in decades, and he has downplayed calls to bolster the city’s Independent Police Oversight Board, long criticized as a “toothless watchdog” group.

“While these are great photo ops, and maybe the chief has political aspirations, and this is all warm and fuzzy kind of stuff he’s doing, it’s time for some action,” said Mark Thiessen, president of the Harris County Criminal Lawyers Association.

[…]

Protesters intensified their calls on Tuesday for Acevedo to make the videos public. Mayor Sylvester Turner’s remarks at City Hall were punctuated by several people chanting “release the tapes,” and hours later Acevedo was directly confronted by a group of critical protesters at the downtown park Discovery Green.

Some lawmakers questioned Acevedo’s rationale for not releasing the body camera video.

“It is not law enforcement’s job to worry about prosecution,” said state Rep. Gene Wu, D-Houston. “It’s their job to be law enforcement.”

Wu, a former prosecutor who has called on Acevedo previously to release his audit, said Acevedo’s attitude “does more of a disservice to taint the public’s perception than anything else.”

“Right now you have the general public believing the police hide things,” Wu said. “When other cities during this crisis have shown they can release body cams immediately — that they can fire and discipline officers immediately — the fact we can’t get videos released months, sometimes even years later, is very telling.”

There’s more, and you should read the rest. On balance, I think Art Acevedo has been a pretty good Chief of Police. It’s not at all hard to imagine someone worse in his position – the current Chief of Police in Austin, for example. I also think that some of these reform ideas should be taken out of his discretion and mandated by the appropriate governing body. For releasing body camera footage and just generally being more transparent about it, that could be the Legislature or it could be City Council. Point being, the less room he or any Chief has to stall on releasing said footage, the less time we have to have this debate about transparency.

There are plenty of other things that can be done, at all levels of government, with the local stuff having the greatest potential for swift adoption. Tarsha Jackson, formerly with the Texas Organizing Project and now on hold in the City Council District B runoff, recommended several changes to the police union contract. CM Letitia Plummer, thankfully recovering from COVID-19, has proposed a budget amendment that would:

-Require officers exhaust all reasonable means before shooting
-Ban chokeholds and strangle holds
-Require de-escalation
-Require officers give verbal warning before shooting
-Notify Independent Police Oversight Board when death occurs
-Give IPOB subpoena power

It would also redirect funds currently allocated for a police cadet class as follows:

$2M, fund separate IPOB investigations
$1M, build online portal for residents to report misconduct
$3M, police training
$2M, permanent revolving fund for the Office of Business Opportunity, no-interest loans to minority-owned biz
$2M, enhance Health Dept’s Community Re-Entry Network Program
$500k, enhance Health Dept’s My Brother’s Keeper program
$1M, equipment and implementation of a “CAHOOTS” program (Crisis Assistance Helping Out On The Streets)

The point of that last item is to redirect a class of 911 calls that now go to law enforcement to this Crisis Assistance program, so the police can handle higher priority calls. Look at the photos she embedded in this Facebook post (specifically, this and this) to get a better feel for this. The city of Eugene, Oregon has used a program like this successfully since 1989. I strongly suspect most police officers would be happy to not have to respond to these kinds of calls for the most part going forward.

Stace adds recommendations from 8CantWait, which largely overlap the items noted by CM Plummer and Tarsha Jackson. Again, these are things that could be done now, if we wanted to. If there’s something you want to do in this direction, call Mayor Turner’s office and your district Council member along with the At Large members in support of these proposals. There are many ways to make noise.

There’s still more. Looking at the federal level, Sherrilyn Ifill and a triumvirate at The Atlantic have a list of action items for Congress, including an end (or at least a serious cutback) to qualified immunity, national data collection and tracking of police conduct and use of force, stronger enforcement of Title VI of the Civil Rights Act, and more. Ifill notes that “Currently, officers fired for misconduct and brutality against innocent civilians can be hired by other departments”. This will sound depressingly familiar to anyone who remembers the story of Tulia.

I personally would add: Decriminalization of marijuana and a complete shift of focus on other drug offenses from arrest and incarceration to treatment; Expanding Medicaid, which as I have said a gazillion times before will do so much to provide mental health services to countless Texans; Really attacking the homelessness problem by funding housing for the homeless and raising the minimum wage so that more people can afford housing in the first place; and repealing SB4, the odious “show me your papers” law. I believe these things will drastically reduce the interactions that ordinary people – overwhelmingly people of color – have with the police and the criminal justice system.

None of these things are panaceas, and none of them directly address systemic racism – I will defer on that to those who can speak more directly from their own experience – but I do believe all of them will have the effect of reducing harm to the black and brown people who have always received the brunt of the violence that comes from encounters with the police. Again, much of this is doable right now. Clearly, some other items will require winning more elections, in Texas and around the country, but we can still get started on what can be done now. If Chief Acevedo wants to come out in support of any or all of these things, that would be nice, too. Whether he does or he doesn’t, we can make them happen anyway.

Coronavirus and the courts

More things that will be shut down for the time being.

Courts in the Houston region are announcing measures to reduce or suspend some operations in response to the new coronavirus outbreak and local declarations of emergency.

Harris County’s court system announced Thursday that jury service will be suspended from Friday through March 20, another move by local authorities as they grapple with the spread of the new coronavirus.

Local Administrative Judge Robert Schaffer said that the Board of District Court Judges met and decided to suspend service. “Jurors who have received a summons for these dates do not need to appear and do not need to schedule,” he said in the order released Thursday.

In addition Harris County Civil Administrative Judge Michael Gomez said earlier that civil trials will be canceled through the end of the month, and individual judges would determine how to handle bench warrants.

Brazoria County also announced suspension of jury duty because of the coronavirus outbreak for the week of March 16 and the week of March 23. “Residents that have received a jury summons for the week of March 16th or the week of March 23rd will not need to report for jury duty,” the county said in a release.

The federal courts have also announced some adjustments to civil matters in the wake of the public health pandemic, although federal courthouses across in the massive Southern District of Texas – which stretches from near the Louisiana border to the Mexico border — will remain open. Civil jury trials in Houston and Galveston have been postponed until April 1 or thereafter. Judges have the discretion to postpone bench trials.

The federal clerk’s offices will become a virtual operation, with aides available to the public by phone and responding to snail mail. The intake desks will process electronic court filings.

On the criminal side, juries are still being called. In addition, all hearings before a district, bankruptcy or magistrate judge will remain as scheduled unless the presiding judge in the case makes a change.

There’s more, involving civil, criminal, and family court, so read the rest, and check in with your court or your attorney if you have any legal proceedings in the near future. Texas Lawyer has a more comprehensive roundup of court actions around the state. As Alex Bunin, the head of the Public Defender’s office says in the piece, once there’s a confirmed case involving someone in a courtroom, whatever their role may be, it’s going to snowball from there.

Let’s also not forget the prisons and jails, which could be a major vector for the spread of the disease. The Harris County jail is doing screenings and can do quarantines, but maybe the short term answer is to arrest fewer people and let asylum-seekers and others out of detention. There’s lots of ways to do social distancing.

More heat on Abbott over his anti-refugee action

Good. Keep it up.

“This is not a Democrat versus Republican issue. It’s not an immigrant versus native-born issue … it is not a religious versus secular issue,” said Harris County Judge Lina Hidalgo during a press conference with elected officials and leaders of refugee resettlement organizations. “We cannot turn our backs to the most vulnerable facing the most difficult conditions imaginable.”

[…]

On Tuesday, Harris County Precinct 2 Commissioner Adrian Garcia said Abbott was wrongly conflating refugee resettlement, which involves an extensive State Department vetting process that can last three years, and migrants coming across the southern border to ask for asylum.

Both numbers have dropped dramatically and this year only about 2,000 refugees were expected in Texas, compared to 7,800 admitted during the last year of President Barack Obama’s administration in 2016.

Garcia noted that the federal government fully funds the initial resettlement of refugees and that the state pays no direct costs.

“This is a reprehensible decision,” Garcia said.

State Rep. Gene Wu, a Democrat who represents southwest Houston where many refugees are initially housed, said the governor’s choice went against his Catholic faith.

“Gov. Abbott had the choice to live as a Christian and follow what Christ said and commanded and he chose the opposite,” he said.

Opting out of the federal program means funding won’t be given to local organizations to resettle refugees in Texas, said Kimberly Haynes, a regional refugee coordinator with the South Texas Office of Refugees.

She said Abbott’s decision does not prevent refugees from moving here later, but meant the state would no longer receiving funding to help them integrate, including to find jobs and learn English. Most refugees coming to Houston are joining relatives likely will continue to come here no matter where they are settled, Haynes said.

“If someone is resettled here and the next day they want to come to this great state, they can take the bus and come to Texas,” said Ali Al Sudani, who came here as a refugee from Iraq a decade ago and is now senior vice president for programs at Interfaith Ministries for Greater Houston.

See here, here, and here for the background. I don’t believe for a minute any of this will affect Abbott – he doesn’t talk to the public, so why would he ever listen to the public? – but it’s still the right thing to do, and maybe there is some level of heat that Abbott might feel. In the meantime, this whole fight may be moot.

A federal judge temporarily blocked a Trump administration policy that would have allowed governors, like Texas Gov. Greg Abbott, and other local leaders to prevent refugees from resettling in those areas.

The Wednesday decision from Maryland-based Judge Peter J. Messitte comes just days after Abbott became the first and only state leader to opt out of the program. Officials had until Jan. 21 to inform the State Department whether they would participate in the program after the Trump administration imposed the deadline in a September executive order. At least 42 governors, including Republicans, have said they would accept refugees.

“By giving States and Local governments the power to veto where refugees maybe settled – in the face of clear statutory text and structure, purpose, Congressional intent, executive practice, judicial holdings, and Constitutional doctrine to the contrary – [the order] does not appear to serve the overall public interest,” Messitte said in his ruling.

You can see a copy of the ruling here. I assume this will be appealed by the Trump administration, and as the original lawsuit was not filed in the Fifth Circuit there’s a chance this ruling could be upheld. For now at least, the madness has been stopped. NPR, Daily Kos, and the Texas Signal have more.

Bishops condemn Abbott’s refugee refusal

Good.

Texas’ Catholic bishops issued a sharp rebuke of Gov. Greg Abbott, a fellow Catholic, following his decision Friday to ban refugees from initially settling in Texas.

In a joint statement by the Texas Catholic Conference of Bishops, which includes leaders from Texas’ 15 dioceses, the group called the decision “discouraging and disheartening.”

“While the Texas Catholic Conference of Bishops respects the governor, this decision is simply misguided,” the group wrote. “It denies people who are fleeing persecution, including religious persecution, from being able to bring their gifts and talents to our state and contribute to the general common good of all Texans.”

“As Catholics, an essential aspect of our faith is to welcome the stranger and care for the alien,” the statement said.

In response to the bishops’ statement, Abbott spokesperson John Wittman said the governor’s decision won’t deny anyone access to this country.

“No one seeking refugee status in the United States will be denied that status because of the Texas decision,” he stated in an email. “Importantly, the decision by Texas will not prevent any refugee from coming to America. Equally important, the Texas decision doesn’t stop refugees from moving to Texas after initially settling in another state.”

See here and here for the background, and here for the full statement, which isn’t much longer than what was quote above. Abbott’s spokesbot’s assertion is both misleading and wrong, as Chris Hooks explains:

People accepted as refugees by the United States are by definition legal immigrants. They’ve already gone through an extensive vetting process by federal and international agencies, proving that they face great risk if they were forced to return to their home countries. They’ve waited years and years to find a new home, sometimes in dire overseas camps. Border security and federal refugee resettlement are wholly distinct issues, and it would be a lie to pretend otherwise.

The Omaha World-Herald hosts a database where you can find information about refugees officially resettled in the United States since 2002. According to the database, Texas has helped shelter about 86,000 refugees through the program, as the state added a total of 7 million new residents. Those 86,000 people account for about 0.3% of the total population of Texas. They’re spread all over the state, from Abilene to Woodville, but concentrated in big cities with preexisting immigrant populations.

These are not the people trying to get over the Texas-Mexico border right now. Indeed, very few of them come from Central America at all. Since 2002, no refugees settled in Texas came from Mexico. Two came from Guatemala, 47 from Honduras, and 267 from El Salvador. In fact, the most popular Spanish-speaking origin country is Cuba. Some 2,800 people fleeing the communist dictatorship found shelter here, just like Ted Cruz’s dad once did, through the federal program. Helping Cubans, of course, is a project with longstanding conservative support. By and large, the refugees America accepts are people who are exiled from countries most Americans couldn’t place on a map—like Myanmar, or the Democratic Republic of the Congo.

They have stories like Gilbert Tuhabonye, who spent nine hours buried under a pile of his dead and dying classmates at a schoolhouse in Burundi, waiting for death in a pool of fire and blood and caustic chemicals as genocidaires, his former neighbors, waited outside with machetes, before he broke a window with someone’s charred femur and ran all the way to a hospital, a track scholarship at Abilene Christian University, American citizenship, and a home in Austin. They’re fleeing vicious governments, ethnic cleansing, wars, climate-change-fueled disaster, and genocides. They’re artists, pro-democracy activists, faith leaders, muckraking journalists, and everything else you can imagine.

There is, of course, a hypothetical point at which a society begins to bend under the stress of refugees. The countries that host the most refugees are middle-income countries near war zones, like Turkey, Jordan, and Pakistan, and the accumulation of desperate people causes those nations a lot of problems. But we are far, far from that point. And it’s a truism that helping a single refugee is meaningful. The country, and Texas, doesn’t have to take everyone who needs help to do good. Imagine that there’s a civil war in Canada, and a million people flee from death camps. It seems clear that it would be better to give 100,000 Canadian refugees shelter instead of just 1,000. Just the same, it’s a better deed to give a home to ten rather than zero. Zero is clearly the least acceptable option.

The U.S. helps a very modest number of people every year, arguably many less than it should or could. The Trump administration has already gutted the refugee program—in the 2018 fiscal year, America accepted just 22,491 refugees, a number that could be entirely settled in Texas without anyone realizing they had arrived. Texas took in just 1,697 of that number—a rounding error, a smaller population than that of a large apartment complex in Dallas or Houston. It’s said that the population of Austin grows by 152 people a day, which means Austin has added more people since the new year than the whole state took in refugees in 2018.

This, Abbott says in his letter, represents a disproportionate burden, the state having already “carried more than its share in assisting of the refugee resettlement process.” He notes that Texas has taken 10 percent of refugees resettled through the program, perhaps because Texas has just under 10 percent of the nation’s population. There’s clearly no flood of refugees here, but you might ask, do these people themselves represent a disproportionate burden? Is this small number of people a huge drain on state resources? No. It’s certainly true that when they first arrive, many refugees need public help in the form of food stamps and access to health care, in the same way that you would need help if you were, say, a war orphan who had lost everything you ever owned and had to reestablish yourself in Belarus.

But the performance of refugees in America is closely tracked and quantified, and even the Trump administration’s own numbers show that most refugees work very hard to establish themselves, to integrate into our (extremely complicated and not-always-very-welcoming) society. Soon, they’re paying taxes. They learn English, their kids become doctors, their grandkids get liberal arts degrees and join sketch comedy groups—you know, the American dream. And they find ways to give back—just like Gilbert Tuhabonye did.

Perhaps one of the most head-scratching parts of Abbott’s rejection of refugees is that faith-based groups do most of the hard work. Helping refugees is not entirely, or even largely, the province of bleeding-heart libs. Much of the groundwork is done by evangelical Christians, people who might well have voted for Abbott, along with Catholic and Jewish organizations. “It’s gut-wrenching,” Jen Smyers, director of policy for Church World Service, told the Houston Chronicle. “It’s an abdication of everything Texans claim to stand for: freedom of opportunity, freedom of religion, pulling yourself up by your bootstraps.”

If you still find yourself feeling uneasy about the prospect of refugees coming to Texas, then, finally, know this. Abbott’s letter doesn’t mean that refugees won’t come to Texas. It means that they won’t get federal help if they do. It means that, say, a female political dissident from Myanmar who was subjected to punitive gang rape and smuggled herself out in the lower reaches of a container ship may not be placed in an apartment in Houston near her cousin’s family, but instead in Fargo, North Dakota. If she then decides to move to Houston, she could forfeit federal assistance and be worse off, less able to integrate successfully. And the charities that could help her will be stretched thinner on the ground.

I’m old enough to remember when various Catholic clergymen made a high-profile vow to deny Communion to Catholic politicians – all Democrats, of course – who supported abortion rights. Mario Cuomo, then Governor of New York, was a favorite target. I thought that was a crappy thing to do then and it would be an equally crappy thing to do now, I’m just pointing it out to note that all things considered, Abbott got off easy. The Chron has more.

Abbott opts out of accepting refugees

Sadly, not a surprise.

Gov. Greg Abbott informed the U.S. State Department that Texas will not participate in the refugee resettlement program this fiscal year.

The decision comes after more than 40 other governors, including several Republicans, said they would opt in to the federal refugee resettlement program. Resettlement agencies need written consent from states and local governments by Jan. 21. The Trump administration imposed the deadline in a September executive order that requires written consent from states and local entities before they resettle refugees within their boundaries.

The news was first reported by The Daily Wire and later confirmed by the governor’s office. The AP reported that Texas is the first state to opt out of the program.

Abbott said the state and nonprofit organizations should concentrate resources on those already here, according to a letter the governor sent to U.S. Secretary of State Mike Pompeo.

“At this time, the state and nonprofit organizations have a responsibility to dedicate available resources to those who are already here, including refugees, migrants, and the homeless—indeed, all Texans,” he wrote.

Refugee advocacy groups condemned the move.

“This is a deeply disappointing decision — although not surprising given Texas’ previous but unsuccessful opposition to refugee resettlement a few years ago,” said Krish O’Mara Vignarajah, the president and CEO of Lutheran Immigration and Refugee Service. “This is precisely why we filed a lawsuit against President Trump’s unlawful executive order, and we are confident that justice will be served.”

See here for the background. Abbott’s actions not only set him apart from multiple other Republican governors, but also contradicts what many cities and counties in Texas asked for. There are two things I want out of life right now. One is for these terrible, amoral cowards who now hold office to be voted out at the next opportunity. The other is for them all to never be described in terms that attribute positive values to the religious faith they claim to practice. You want to be known as a moral, upright person? Act like one, or get the hell out. The Chron has more.

Abbott and refugees

The moral choice is clear. It’s also clear for a variety of other reasons. I don’t expect Greg Abbott to make it, because he’s Greg Abbott.

For years, more refugees have resettled in Houston and Texas than any other city or state in the country.

Now that may end.

Under a new requirement imposed by President Donald Trump’s administration, state and local governments must consent in writing before refugees can arrive next year. At least 34 governors, including 13 Republicans, and 86 county and city executives have given their approval.

Mayors and county leaders of all Texas’ biggest cities —including Houston, San Antonio, Dallas and Austin — sent letters opting in.

But Gov. Greg Abbott, who has lead efforts to block Syrian refugees and withdrew from the federal resettlement program in a largely symbolic move in 2016, has not.

If he does not agree, no refugees could be placed in the state, despite what local authorities may want.

John Wittman, Abbott’s spokesman, did not return multiple calls, texts, and emails seeking comment.

“Our understanding is that he’s still weighing his options,” said Jen Smyers, director of policy for Church World Service, one of nine national resettlement agencies in the country. “Given its size and the welcome that refugees receive in Texas, and the faith community’s support, and businesses who rely on refugees for workers in agriculture, manufacturing, and meatpacking, it certainly would have a sizable impact if Texas were not to continue to resettle refugees.”

The Catholic Church, of which Greg Abbott claims to be a devout member, is strongly pro-refugee. The Bible, which people who claim to be Christian claim to believe in, is strongly pro-refugee. Greg Abbott is a Republican, and a Donald Trump minion. You do the math. I’ve said many times in this space that nothing will change until the government changes. Well, in this case this was a change brought about by a change in government, the election of Donald Trump. What has been done can still be undone. The rest is up to us.

Curfew changes

A good step, but I agree with the argument that it doesn’t go far enough.

Mayor Sylvester Turner

City council on Wednesday eliminated Houston’s daytime juvenile curfew, but stopped short of ditching the ordinance altogether despite pleas from advocacy groups who say the restrictions fail to deter crime and can burden young people with criminal records.

The amended ordinance would keep the existing nighttime curfew in effect, but would lower potential fines from $500 to $50. Teens cited under the ordinance also would be diverted to a teen court through the municipal court system.

The nighttime curfew prohibits youngsters aged 10 to 16 from being on the streets without an adult between the hours of 11 p.m. to 6 a.m. on weekdays, and midnight to 6 a.m. on Fridays and Saturdays. Kids traveling to and from work or a school-, religious- or government-sponsored activity are exempted from the curfew.

The amended ordinance also now grants the mayor the authority to impose a temporary curfew of up to 180 days, if requested by the Houston police chief.

Mayor Sylvester Turner said the changes were an attempt to “strike a balance” between those who believe citations can deter children from crime, and reform groups that say they needlessly push children into the criminal justice system at a formative age.

Houston adopted its first curfew ordinance in 1991, amid a national wave of laws that sought to curtail crime.

The number of curfew citations issued by Houston police has fallen dramatically since its peak of 14,300 in 1996, according to data provided to city council’s public safety committee in June. By last year, the number of citations had fallen to 137.

Various studies have shown little effect of curfew laws on juvenile crime or victimization rates, which is why reform groups wanted curfew citations to be changed to civil offenses or eliminated altogether under the new rules.

There’s a quote in the story from Texas Advocates for Justice that applauds the change, and a quote from United We Dream arguing that it didn’t go far enough because any criminal charge against an immigrant can be used as a justification for being deported. I tend to agree with the latter view. If we accept that crime is on a long-term downward trend, and that curfew laws were a perhaps well-intentioned but utterly ineffective means for fighting crime, then it’s hard to see why we wouldn’t just ditch the whole thing. For sure, from a criminal justice reform perspective, there are much higher priorities than ticketing kids who are out after midnight. I appreciate that Council has taken this step, but the job is unfinished.

Our slowing population growth

Noted for the record.

Texas remains one of the fastest growing states in the U.S., but a report published by the Dallas Federal Reserve Bank showed a significant reduction in the number of people moving to Texas since 2015. That’s left employers — who are already having a difficult time finding workers amid historically low unemployment rates — in an even tougher position.

Since 2016, the share of population growth in Texas from people moving to the state is half of what it was previously. Each of Texas’ four largest metro areas — Houston, San Antonio, Austin and Dallas — has experienced a reduction in domestic migration and overall population growth.

“We’ve seen really good growth, and yet we’re seeing slowing of migration — and that’s not because we’re less attractive. It’s because outside of Texas, things are also very good,” said Keith Phillips, senior economist at the San Antonio branch of the Dallas Federal Reserve.

In other words, the so-called Texas Miracle — the state’s unrivaled ability to create jobs and economic opportunity — now has rivals. Nationwide, most workers can find jobs if they want them, making a cross-country move to Texas in search of a paycheck less appealing.

In the five years from July 1, 2010, through July 1, 2015, Texas saw more than 138,000 people on average move to the state each year from elsewhere in the country. But from July 2015 to July 2018, Texas added just under 96,000 people each year from domestic migration — a 31 percent annual drop, according to the U.S. Census Bureau.

[…]

Some industries — such as information technology — have a harder time finding workers than others.

David Heard, CEO of TechBloc, the San Antonio technology industry group, said the city has had difficulty standing out to potential workers among cities across the nation with promising tech industries, such as Nashville, Tenn., or Columbus, Ohio.

With tech workers in demand in metro areas across the nation, the decision often comes down to which city offers the best quality of life, Heard said.

“These people tend to get paid well,” he said. “Wherever they go, they’re in demand, so the issue is about how being competitive on salary and having job availability often aren’t what charge their decision. It really comes down to lifestyle issues.”

Most cities looking to attract tech workers and other “creatives” have been following the same gospel — investing in public and cultural amenities such as lush parks and concert halls to lure talent — for nearly two decades. The slowdown in migration to Texas makes the challenges for tech companies even more daunting.

The Dallas Fed projects that around 90,500 Americans will migrate to Texas from elsewhere in the country in 2019. That tops the 82,500 people who migrated to Texas last year, but it’s down from the years following the Great Recession, when 123,000 people on average came to the state annually.

“Domestic migration is usually an indication of employment opportunities or a lack thereof,” Lloyd Potter, Texas’ state demographer, said. “Essentially, it’s an indicator of a slowdown of at least one sector of the economy … The confusing aspect of it is that we have very low unemployment.”

Potter said the decline in people moving to Texas is difficult to parse because of the differing regional economies across the state.

We’ve talked about some of this before, in the context of Houston’s slowing population growth and the Latino population growth engine that keeps our state moving forward. I think it’s unlikely that these trends will continue over the longer term, but it’s always worth keeping an eye on this stuff and thinking about what underlying causes there may be. And it’s another reminder that a complete and accurate Census count is vital, because otherwise we’re just guessing. Sure would be a bad idea to let the Trump administration screw that up.

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.

“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.

We have a new SOS

Yippie.

Still the only voter ID anyone should need

After losing his last chief election officer over a botched review of the state’s voter rolls, Gov. Greg Abbott on Monday appointed a new secretary of state: Ruth Ruggero Hughs.

Ruggero Hughs is moving from the Texas Workforce Commission, which she has chaired since August 2018. She joins the secretary of state’s office nearly three months after Democratic senators blocked the confirmation of her predecessor, David Whitley, who questioned the voter registration of thousands of naturalized citizens.

Whitley resigned on May 27, lacking enough votes in the Texas Senate to keep the job after he oversaw an effort to scour the voter rolls for supposed noncitizens. The review instead threatened the voting rights of tens of thousands of voters of color, landed the state in federal court and prompted a congressional inquiry into voting rights violations.

[…]

Ruggero Hughs is likely to face a challenge in repairing the secretary of state’s relationship with the hundreds of local officials it depends on to run elections. Some county officials have said they’re still waiting for an explanation from the secretary of state’s office on how they got the review so wrong.

I wouldn’t hold my breath on that. Abbott took his sweet time naming a replacement, because he’s Greg Abbott and he does what he wants. Whether Ruggero Hughs winds up being a better SOS than David Whitley was isn’t a high bar to clear, but the real question is whether she’ll be Abbott’s flunky or an honest broker. We’ll have to wait and see, and keep a very close eye on her in the meantime. Because the Lege is not in session, she’ll get to serve until 2021, at which point she’ll need to have won over at least a couple of Dems if she wants to stay in that job. The Chron has more.

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.

Some Census shenanigans short-circuited

The head, it spins.

In a scalding order that called the Justice Department’s motion to change lawyers “patently deficient,” a federal judge in Manhattan on Tuesday blocked the move by the Justice Department to withdraw several of its attorneys from the census citizenship question case in New York.

With the exception of two DOJ lawyers who are withdrawing from the case because they have left their position at the Justice Department altogether, U.S. District Judge Jesse Furman is not letting the other attorneys withdraw because the department failed to provide “satisfactory reasons” for their exit from the case.

“Defendants provide no reasons, let alone ‘satisfactory reasons,’ for the substitution of counsel,” Furman said. Furman said that the government’s vague claim in its withdrawal motion that it did not expect the withdrawal to cause disruption to the proceedings was “not good enough, particularly given the circumstances of this case.”

[…]

“As this Court observed many months ago, this case has been litigated on the premise — based ‘in no small part’ on Defendants’ own ‘insist[ence]’ — that the speedy resolution of Plaintiffs’ claims is a matter of great private and public importance,” Furman said in his order Tuesday. “If anything, that urgency — and the need for efficient judicial proceedings — has only grown since that time.”

The Department of Justice has not offered many details as to why it was shaking up its legal team, prompting speculation that the career attorneys were not comfortable with the direction the administration was going in trying to get the question re-added.

In comments to the press on Monday Attorney General Bill Barr said that he could “understand if they’re interested in not participating in this phase.” But he also said he did not know the details as to why they were exiting the case.

On Tuesday, Furman raked the Justice Department over the coals for its failures to meet the procedural requirements for replacing its attorneys.

See here for some background, though note that that post is primarily about the Maryland case, while this is about the New York case. I could not tell if there was a similar effort by the attorneys in that case to withdraw. This all happened in a hurry, from the initial announcement to the pushback by the plaintiffs, to the judge’s order. What happens next is anyone’s guess, for both cases. Remember, the whole reason why SCOTUS took this case when it did was because the Trump administration insisted they needed to have everything resolved by the end of June to have enough time to actually do the Census. So much for that. How big a chump does Donald Trump think John Roberts is? We’re about to find out. A copy of the judge’s order is here, and Daily Kos and Politico have more.

UPDATE: The Maryland judge has also rejected a request for the Justice Department attorneys to withdraw, though he will allow the request to be re-submitted.

Yeah, we spoke too soon about the Census citizenship question

It’s maximum chaos time.

The Justice Department affirmed Friday that it still is pursuing a path for adding a citizenship question to the 2020 Census, according to a filing in federal court in Maryland.

The filing followed statements earlier in the day from President Trump in which he said he is “thinking of” issuing an executive order to add the controversial question.

Government lawyers said in their filing Friday that the Justice and Commerce Departments had been “instructed to examine whether there is a path forward” for the question and that if one was found they would file a motion in the U.S. Supreme Court to try to get the question on the survey to be sent to every U.S. household.

Attorneys for the government and challengers to the addition of the question faced a 2 p.m. deadline set by U.S. District Judge George J. Hazel to lay out their plans.

Hazel said earlier this week that if the government stuck with a plan to try to add the question, he would move ahead on a case before him probing whether the government has discriminatory intent in wanting to ask about citizenship.

The Justice Department lawyers argued in Friday’s filing that there was no need to start producing information in that case since for now courts have barred the government from adding the question. But the government also agreed to follow a schedule to move ahead if that was laid out.

The government has begun printing the census forms without the question, and that process will continue, administration officials said.

[…]

Census officials and lawyers at the Justice and Commerce departments scrapped holiday plans and spent Independence Day seeking new legal rationales for a citizenship question that critics say could lead to a steep undercount of immigrants, which could limit federal funding to some communities and skew congressional redistricting to favor Republicans.

“It’s kind of shocking that they still don’t know what they’re doing,” Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund said. MALDEF is representing some of the plaintiffs in the case in Maryland. “We’re in this posture because they don’t know what the real plan is.”

See here for the background. This all began with some Trump tweets, because that’s the hellscape we now inhabit. Literally no one knows what will happen next – the judge even remarked that the Justice Department lead attorney “didn’t speak for his client” – so try some cleansing breaths and do a little binge-watching, to stay calm. TPM, Daily Kos, Think Progress, Mother Jones, and Slate have more.

UPDATE: And then there’s this.

The American Civil Liberties Union and partners today asked a federal court in New York to block the Trump administration from taking any action that would delay the printing of 2020 census forms or change the forms to include the citizenship question.

They have an oral argument date of July 23. Note that this is in the New York court. The hearing yesterday was in the Maryland court. Multiple lawsuits, remember? So there are multiple fronts on which to fight.

UPDATE: And discovery will begin in the Maryland case.

No Census citizenship question

Hallelujah.

The Trump administration is dropping plans to add a citizenship question to the 2020 Census, the Justice Department confirmed Tuesday just days after the Supreme Court described the rationale for the question as “contrived.”

The decision to back away from the controversial question was a victory for civil rights advocates concerned that the query would lead to an inaccurate count of immigrant communities that could skew political representation and federal funding.

“In light of the Supreme Court’s ruling, the government had no choice but to proceed with printing the 2020 census forms without a citizenship question. Everyone in America counts in the census, and today’s decision means we all will,” attorney Dale Ho of the American Civil Liberties Union said in a statement.

The fate of the question has been the subject of legal and political wrangling since March 2018, when Commerce Secretary Wilbur Ross announced he planned to add it to the decennial survey, sparking a half-dozen lawsuits from states, cities, civil rights groups and others.

Just last week, President Trump responded to the Supreme Court’s ruling by saying he would seek to delay the census to give administration officials time to come up with a better explanation for why it should include a citizenship question.

Instead, government lawyers notified those challenging the question of the decision to proceed without it.

See here and here for the background. It sure is nice to see lying not get rewarded for once, isn’t it? Despite this early cave, it was a closer call than you might think, because if the government had been able to get any slightly-less-bullshit pretext back before SCOTUS in time, you know John Roberts would have waved it on through. Now we can at least get this done in something approaching a normal manner, and add “pass a law outlawing citizenship questions on the Census” to the ever-longer to do list for the next Democratic government. Note that this should not affect the examination of the newly uncovered Hofeller evidence, but it does close this chapter of the story. Big sigh of relief. Think Progress, TPM, Mother Jones, Slate, and Daily Kos have more.

Next up for the Census lawsuit

Before the Trump administration can take a second shot at SCOTUS with the Census citizenship question, the federal court in Maryland will be revisiting their case with some new data.

[The SCOTUS] decision came two days after a federal appeals court ruled that Maryland-based federal Judge George Hazel — who is considering another legal challenge that was not before the high court — could consider new evidence that recently emerged in the litigation related to the federal government’s motivation for adding the question.

That challenge in Maryland was filed on behalf of more than two dozen plaintiffs, including the Texas House’s Mexican American Legislative Caucus, the Texas Senate Hispanic Caucus and several Texas-based nonprofits that advocate for Latino residents. They argued that including the question would lead to a disproportionate undercount of immigrants and people of color.

Hazel had already agreed with those plaintiffs’ allegations that the inclusion of the citizenship question violated the U.S. Constitution’s enumeration clause and a federal law that governs federal agencies and their decision-making process.

But they failed to convince Hazel that the question unconstitutionally violated equal-protection guarantees and that Trump administration officials had conspired to add the question to the 2020 questionnaire based on animus against Hispanics and immigrants, particularly when it comes to counting noncitizens for the apportionment of political districts.

(Those issues were not before the Supreme Court in the case it ruled on this week.)

On Monday, Hazel said he would reconsider the plaintiffs’ arguments after evidence emerged suggesting the question may have been tacked on to advance Republican gerrymandering and undermine Hispanics’ political clout.

[…]

“The citizenship question is blocked for now but the Supreme Court’s decision leaves open the possibility for it to come back. That’s why our lawsuit is so important,” said Juanita Valdez-Cox, the executive director of La Unión del Pueblo Entero. “In fact, the court in Maryland is weighing new evidence that shows that the real intention is to injure communities of color for partisan gain.”

Lawyers with the Mexican American Legal Defense and Educational Fund, which is representing some of the Texas plaintiffs, said Thursday they would immediately pursue their claims before Hazel. They had already asked him to enter an injunction while the court was still considering the case so they could prevent the administration from adding the citizenship question to the 2020 census forms it had planned to print this summer.

This of course is all in reference to the Hofeller evidence, which came out after the original ruling in that case. This is the case with the closest relationship to Texas – the Hofeller data was based on Texas’ state legislative districts – so it would be extra sweet if it helps keep the citizenship question off the Census regardless. I’ll be keeping a close eye on it.

Census citizenship question stopped for now

“For now” being the key point.

The Supreme Court on Thursday put on hold the Trump administration’s plan to add a citizenship question to the 2020 census form sent to every household, saying it had provided a “contrived” reason for wanting the information.

Chief Justice John Roberts wrote the splintered opinion. In a section agreed with by the court’s liberals, he said the Commerce Department must provide a clearer explanation.

Agencies must offer “genuine justifications for important decisions, reasons that can be scrutinized by courts and the interested public,” Roberts wrote. “Accepting contrived reasons would defeat the purpose of the enterprise. If judicial review is to be more than an empty ritual, it must demand something better than the explanation offered for the action taken in this case.”

Roberts said a district judge was right to send the issue back to the Commerce Department for a better explanation.

A string of lower-court judges found that Commerce Secretary Wilbur Ross violated federal law and regulations in attempting to include the question on the census. They starkly rebutted his claim that the information was first requested by the Justice Department to enforce the Voting Rights Act, and they noted his consultations with hard-line immigration advocates in the White House beforehand.

What happens next was not immediately clear; the department had said it must know by the summer whether the question can be added.

See here for some background. Trump has already tweeted that they will try again, so it’s mostly a question of timing. Rick Hasen thinks they may be able to get back before SCOTUS in time for the fall term, which would allow for the question to be re-decided in time. Ari Berman, talking to ACLU attorneys who were among the counsel for the plaintiffs, think it’s unlikely. Everyone agrees that SCOTUS ruled that the Commerce Department could add a citizenship question if it had followed the Administrative Procedures Act, so if they can get back to SCOTUS they will almost certainly prevail. The new questions raised by the Hofeller files may be an extra obstacle for the Commerce Department, but not necessarily. Hold onto your butts. Daily Kos and Texas Monthly have more.

“I’m haunted by their eyes”

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

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

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

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

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

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

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

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

[…]

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

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

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

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

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

Paxton still holding on to bogus voter purge data

It’s all about secrecy. He doesn’t want you to know what he’s up to.

Best mugshot ever

More than a month after a legal settlement was reached to scrap the review, Paxton’s office has indicated it is keeping open the criminal investigation file it initiated based on the secretary of state’s referral. That’s even after the list was discredited when state officials realized they had mistakenly included 25,000 people who were naturalized citizens and admitted that many more could have been caught up in the review.

Paxton’s office made that indication in a letter this week denying The Texas Tribune’s request for a copy of the list of flagged voters.

The Tribune originally requested the list soon after Whitley announced the review. But the attorney general — whose office also serves as the arbiter of disputes over public records — decided that the list could remain secret under an exemption to Texas public information law that allows a state agency to withhold records if releasing them “would interfere with the detection, investigation, or prosecution of crime.” The office separately confirmed that it had opened a “law enforcement investigation file.”

Following the settlement in late April — and after the secretary of state’s office rescinded the advisory that launched the review — the Tribune re-upped its request with both the secretary of state and the attorney general’s office. But the secretary of state’s office in late May and the attorney general’s office this week asserted they would still withhold the list based on the law enforcement exemption.

“As the law, facts, and circumstances on which that ruling was based have not changed, we will continue to rely on that ruling and withhold the information at issue,” Lauren Downey, an assistant attorney general, told the Tribune in an email.

[…]

“It’s very troubling that the attorney general would base an investigation on a debunked list that we know contains tens of thousands of naturalized citizens,” said Nina Perales, vice president of litigation of the Mexican American Legal Defense Fund, which sued the state on behalf of several naturalized citizens. “If the only basis of the investigation is that voters are naturalized U.S. citizens, then that’s discriminatory and unconstitutional.”

See here for the background. Lord only knows what there might be to investigate, since the list in question was based on useless data, but that sort of trivia doesn’t stop Ken Paxton. Is there some kind of legal action people could take to force Paxton to fish or cut bait? If there is, I hope they pursue it. If not, I guess we just have to wait.

It was Abbott all along

Who was behind that botched voter purge that caused now-former Secretary of State David Whitley to not get confirmed by the Senate? Greg Abbott, that’s who.

Still the only voter ID anyone should need

Two top officials at the Department of Public Safety named Gov. Greg Abbott’s office as a driving force in the state’s program to purge nearly 100,000 suspected non-U.S. citizens from Texas’ voter rolls, emails made public Tuesday show.

Abbott’s office, however, on Tuesday denied it had any contact with the agency before the launch of the effort in late January.

[…]

The emails were made public Tuesday by the League of United Latin American Citizens and the Washington, D.C.-based Campaign Legal Center, which represented plaintiffs who sued the state.

In an August 2018 email, John Crawford, a top official of the driver license division at the Texas Department of Public Safety, told employees that DPS had previously turned over records to compare with state voter rolls, and “we have an urgent request from the governor’s office to do it again.”

That same day, the director of the driver license division, Amanda Arriaga, wrote in a separate email that “the Governor is interested in getting this information as soon as possible.”

In a statement, Abbott denied talking to the Department of Public Safety about the issue until March of this year.

“Neither the Governor, nor the Governor’s office gave a directive to initiate this process,” said Abbott spokesman John Wittman. “No one speaks for the Governor’s office, but the Governor’s office.”

Sure is amazing what you can find out when public records are made public, isn’t it? There’s a reason why Ken Paxton is fighting the release of other SOS files so hard. Abbott’s flunky can claim that the DPS spokesperson doesn’t speak for Abbott, but I think we all know she didn’t make that rationale up on her own. Glen Maxey was right: A scheme like this doesn’t come out of nowhere. One way or another, it comes from the boss. We just now have some documentation to back that up. The Statesman and Think Progress have more.

UPDATE: Ross Ramsey weighs in.

How to rig the Census

This is how you would do it.

The Trump administration’s controversial effort to add a citizenship question to the 2020 census was drawn up by the Republican Party’s gerrymandering mastermind, who wrote that it “would clearly be a disadvantage to the Democrats” and “advantageous to Republicans and Non-Hispanic Whites.” This bombshell news, revealed in newly released legal documents, suggests that the Trump administration added the question not to better enforce the Voting Rights Act, as it claimed, but to benefit Republicans politically when it came to drawing new political districts.

A case challenging the citizenship question is currently before the Supreme Court, and the new evidence significantly undercuts the Trump administration’s position in the case.

Tom Hofeller, who passed away last year, was the longtime redistricting expert for the Republican National Committee. He helped Republicans draw heavily gerrymandered maps in nearly every key swing state after the 2010 election. In some of those places, like North Carolina, the new lines were struck down for discriminating against African Americans.

In 2015, Hofeller was hired by the Washington Free Beacon, a conservative news outlet, to study the impact of drawing state legislative districts based on citizenship rather than total population, which has been the standard for decades. Hofeller’s analysis of Texas state legislative districts found that drawing districts based on citizenship—a move he conceded would be a “radical departure from the federal ‘one person, one vote’ rule presently used in the United States”—would reduce representation for Hispanics, who tended to vote Democratic, and increase representation for white Republicans. But Hofeller said that a question about citizenship would need to be added to the census, which forms the basis for redistricting, for states like Texas to pursue this new strategy.

Hofeller then urged President Donald Trump’s transition team to add the question about citizenship to the 2020 census. He urged the team to claim that a citizenship question was needed to enforce the Voting Rights Act, even though Hofeller had already concluded that it would harm the racial minority groups that the act was designed to protect. That argument was then used by the Justice Department in a December 2017 letter requesting that the Commerce Department, which oversees the census, include a citizenship question.

Hofeller’s documents were discovered on hard drives found by his estranged daughter and introduced into evidence in a separate trial challenging gerrymandered North Carolina state legislative districts drawn by Hofeller. On Thursday, lawyers challenging the citizenship question cited them in federal court. They suggest that members of Trump’s team may not have been fully forthcoming in their testimony under oath. Neither Trump transition team member Mark Neuman nor John Gore, the former assistant attorney general for civil rights who wrote the Justice Department letter, mentioned Hofeller’s involvement in the letter when they were deposed under oath as part of a lawsuit by New York and 17 other states challenging the citizenship question.

Yeah. And of course, Texas was a key to all this.

The filing includes a 2015 analysis by Hofeller that had been commissioned to demonstrate the effect that using the population of citizens who are of voting age, as opposed to total population, would have on drawing up legislative districts.

Hofeller detailed how the change would clearly be “advantageous to Republicans and Non-Hispanic Whites” by using the Texas House as his case study. He detailed how the Hispanic population would drop in traditionally Democratic districts, which would then have to grow geographically to meet constitutional population requirements in redistricting.

The loss of Democratic-leaning districts would be most severe in areas with mostly Hispanic populations, such as South Texas, El Paso and the Rio Grande Valley, which would lose 2.6 state House districts, according to Hofeller’s analysis. The change would also cost Dallas County 1.7 districts and another 1.7 districts in Harris County and its suburbs.

If the Supreme Court had required such a change at the time of the study, it would have mandated a “radical redrawing of the state House districts,” Hofeller wrote. He noted that the traditionally Democratic districts in need of more population could pick up pockets of Democratic areas in adjacent Republican-held districts and ultimately shore up the GOP’s control across the state.

But that approach was unrealistic at that point, Hofeller wrote in his study, because the government did not compile the necessary citizenship information. And he admitted it was unlikely that the Supreme Court could be convinced to alter the population standard used to draw legislative districts.

“Without a question on citizenship being included on the 2020 Decennial Census questionnaire, the use of citizen voting age population is functionally unworkable,” Hofeller said.

This is a reference to the Evenwel lawsuit, which established that states had discretion in how they drew legislative districts, but did not opine on whether drawing them based on citizen population rather than plain old population was legal. And so here we are.

The Census lawsuits have been argued before the Supreme Court, where the five Republican Justices seem inclined to let the Trump administration break the law as they see fit. Rick Hasen thinks this should-be-a-blockbuster revelation will just make the SCOTUS Five that much more likely to go with Team Trump. Hey, remember how Jill Stein supporters – and Ralph Nader supporters before her – poo-poohed concerns about the makeup of the Supreme Court if another Republican President got to pick more Justices? Good times, good times. ThinkProgress and Daily Kos have more.

Adios, David Whitley

Sine die and see ya.

Still the only voter ID anyone should need

The ill-fated tenure of Texas Secretary of State David Whitley has come to an end.

The Texas Senate gaveled out Monday without confirming the state’s top election official, who served for less than half a year and whose tenure was mired in controversy over a failed attempt to scour the voter rolls for noncitizens — a review that questioned the citizenship of thousands of legitimate voters.

But minutes before that happened, the Austin American-Statesman reported that Whitley had submitted his resignation. The secretary of state is constitutionally required to leave office immediately if the Senate goes through an entire legislative session without confirming him.

His departure is an unusual end; gubernatorial appointees typically sail through the Senate.

[…]

All 12 Democratic senators went on the record as “nays” on Whitley’s confirmation in February, citing concerns over the fear the review had caused among legitimate voters who were not born in the U.S. and who are more likely to be people of color. During the review, some of those individuals received letters demanding they prove their citizenship to avoid being kicked off the rolls.

“The reality is that Democrats showed solidarity on that issue because of Whitley’s position of voter suppression,” state Sen. Royce West, D-Dallas, told reporters after the Senate adjourned. “That was the issue.

“It was not that he was not a good person — he seemed like he was a great person — but not the secretary of state, especially concerning the issues the secretary of state has to deal with as it relates to voting.”

You can see Whitley’s resignation letter, and Abbott’s acceptance of it, here. This is what accountability looks like. It wasn’t just that Whitley screwed up, it was that he never owned his screwup or tried to make it right. In that regard, he was not helped at all by Greg Abbott and Dan Patrick, who tried to shenanigan him in rather than help him take responsibility for his actions. It’s arrogance on top of incompetence, and it got what it deserved. Abbott will get to appoint someone else, who one hopes will be good at the job and thus not get humiliated when his or her nomination gets reviewed by the next Senate, and David Whitley can go do something else. This is as it should be.

At least, that should be how it should be. The Lege junkies on Twitter have speculated that since Whitley resigned before sine die, he was not officially rejected by the Senate, since they never voted on his nomination and he left before the end of the session. That means that technically, Abbott could appoint him again. I have no idea if he would do that – I’ll say again, there must be some other Republican ladder-climber out there with decent credentials who could fill this role – but I wouldn’t put it past Abbott, who has already vetoed four Democratic-authored bills, to stick his finger in everyone’s eye. We should know soon if he goes this route.

Kinder Houston Area Survey 2019

It’s one of the best things about Houston, year after year.

As Houston recovered from last week’s punishing rains, Rice University researchers reported Monday that public concern about flooding has diminished, while residents are ambivalent about certain policies aimed at easing the problem.

Researchers compiling the Kinder Houston Area Survey asked residents what they considered Houston’s biggest problem, and the share who named flooding this year fell to 7 percent from 15 percent last year. Only 1 percent cited flooding as the top problem in 2017, before Hurricane Harvey deluged the state with unprecedented amounts of rain.

Typical of human nature, the preoccupation with flooding fell with time, survey author Stephen Klineberg said. In each of the past three years, the most commonly cited top problem facing the Houston area was traffic, a frustration that residents confront daily.

“It is fair to say that the salience, the preoccupation with flooding, has gone down,” Klineberg said, “because it’s been a year and a half since Harvey.”

[…]

The 2019 results generally paint a portrait of an increasingly accepting and liberal place. The local economy is more stable. We are embracing our diversity.

But it also points to pressing problems: Financial insecurity, a failing education system and a shrinking determination to face flooding head-on. “The big story overall is the jury is out on Houston,” Klineberg said. “We understand better than we have before the challenges that we face.”

The city’s future, he says, hinges on the solutions in which area leaders invest.

[…]

Other findings: Support for immigration and gay rights continues to grow. So does the percentage of those who say they are friends with people of different ethnicities.

Klineberg’s big concerns include what he sees as the education system’s failure to prepare students to work. Jobs increasingly require a post-secondary education, he writes, and fewer Harris County residents are achieving this goal.

The survey shows that area residents, especially African American and Hispanic respondents, recognize this need for further education. And unlike in the past, more people than not think schools need more money — something Klineberg says is “a powerful kind of transformation.”

Financial insecurity is another concern. Nearly four in 10 reported that they did not have $400 in savings for an emergency. One-fourth said they did not have health insurance.

The city’s diversity and its challenges with education and jobs are likely to ripple across the country, in Klineberg’s view. “We’re there first,” he said. “We are a model for what is going to happen across all of America.”

The finding that support for various flood mitigation proposals has waned is the topline attention-getter, but it doesn’t surprise me that much. Not because I’m cynical, but because these things are hard to do. No one makes foundational changes without resistance and reluctance and false starts. People are going to be ambivalent and have buyer’s remorse. The best thing to do is to do things that will have the greatest positive impact, and ride it out till people get acclimated to it. That’s just life. As for everything else, there’s a ton to read on the general Houston Area Survey page and the 2019 Houston Area Survey page. Check ’em out.

The SOS voter purge may be over, but Ken Paxton is unaccounted for

Keep an eye on this.

Best mugshot ever

After the judge approved the settlement, the original list of voters was scrapped. Under the agreement, Texas officials now will only flag names of people who have said they’re not citizens after they have registered to vote.

[Joaquin Gonzalez, a voting rights attorney with the Texas Civil Rights Project,] said the settlement requires that he and the other plaintiffs be able to oversee how the state carries out this more limited voter investigation.

“We get numbers of people that have been matched, so that we can tell if there is something that appears to be going wrong in the process,” he said.

[…]

But there’s one issue that wasn’t dealt with: Attorney General Ken Paxton’s plans.

When the original voter removal effort was announced, Paxton – the state’s top prosecutor – said he would “spare no effort in assisting” with those cases.

Because of that, plaintiffs named him in their lawsuits. A federal judge removed him, however, because he doesn’t have the power to actually cancel voter registrations.

Perales said it’s unclear what Paxton will do following the settlement.

“Ken Paxton has said contradictory things about this voter purge that came out of the Texas Secretary of State’s office,” she said.

For example, when lawmakers raised questions about the state’s effort earlier this year, Paxton said he didn’t have the time or resources to go through the list and investigate people.

“At the same time, Ken Paxton’s office has claimed that they are still investigating – or doing some kind of investigation – of registered voters who may be non-U.S. citizens,” Perales said.

Paxton’s Office also has been shielding documents related to the voter-removal effort from public view.

In a letter to media organizations and others, the open records division of his office has said, “the information at issue relates to an open criminal investigation conducted by the [Office of the Attorney General’s] Election Fraud Section of the Criminal Prosecutions Division. Further, the OAG states release of the information at issue would interfere with the pending investigation.”

See here for the background. I was wondering about this myself when the settlement terms were announced. It goes without saying that Ken Paxton cannot be trusted. If he has the opportunity to press forward with any of these cases, on whatever grounds, he will. I strongly suspect that all of the attorneys for the plaintiffs will need to keep their evidence files close at hand, ready to whip out for a new motion when and if Paxton strikes. Do not let him try to make wine from the fruit of the poisoned tree.

On a side note, this story also addresses the question of why the state settled instead of appealing, as they usually do:

Gonzalez said he thinks state officials did that partly because the legal challenge was looming over Whitley’s confirmation as secretary of state. He had only recently been appointed when he announced the voter list. Gonzalez said state officials backed off when Senate Democrats vowed to block his confirmation.

“Their opposition to the nomination, we believe, is [part of what] provided the leverage for the state to be willing to settle this in the first case, because the state doesn’t settle voting rights cases like this,” he said.

Maybe. Doesn’t seem to have helped, but I can see the logic. I still feel like there was more to it than this, but I can believe this was a factor.

Why would any Dem Senator change their mind on Whitley?

I can’t think of a good answer to that, but the man himself is going to try.

Still the only voter ID anyone should need

Acting Secretary of State David Whitley, whose confirmation has been stalled in the Texas Senate after a controversial advisory from his office questioned the citizenship of nearly 100,000 voters, has asked to meet with Senate Democrats following a settlement agreement that rescinded and re-worked the advisory on Friday.

Sen. José Rodriguez, a Democrat from El Paso who leads the chamber’s Democratic caucus, said Whitley asked to meet with the caucus on Tuesday. Rodriguez said he was polling the caucus to see if any member had an objection to Whitley attending the caucus meeting. The caucus meets on a regular basis during the session.

“Obviously, he wants to talk about the settlement agreement,” Rodriguez said. “For me, it doesn’t change anything.”

In a statement, the secretary of state’s office said: “Secretary Whitley welcomes the opportunity to meet with the Texas Senate Democratic Caucus to discuss the settlement agreement and voter registration list maintenance going forward. He looks forward to addressing the concerns of the Caucus and receiving feedback on ways to enhance access to the ballot box in Texas.”

[…]

Advocacy groups are pressuring Senate Democrats to block his confirmation. On Monday, 22 groups including several that participated in the lawsuit against Whitley, sent a letter to the caucus urging them to vote against his confirmation.

“While we are grateful that the legal challenges to Mr. Whitley’s actions have been resolved, the settlement does not let Mr. Whitley off the hook for his decision to target tens of thousands of naturalized Americans for disenfranchisement and wrongful criminal prosecution,” the letter read.

“Texans deserve better than Mr. Whitley. Public service is a privilege, not a right, and there are a number of other qualified people that the Governor can appoint to this position,” the letter read. “We ask you to continue to block Mr. Whitley’s confirmation, so that we as a State can turn the page on the Whitley scandal and continue to have faith in our elections system.”

Several Senators are quoted in the story, all of whom reconfirm their No votes. It would take two Dems to change their minds for Whitley to have a chance, and I just can’t think of any reason for that. Whitley has yet to demonstrate that he understands why people objected so strongly to the purge effort – he has yet to demonstrate that he understands why people called it a “purge” – and on top of that he’s just straight up bad at this job. We’ve seen plenty of SOSes over the years, and none I can think of have been this controversial. Greg Abbott can surely find another crony with less baggage to install for this post.

Also, too:

I’m not opposed to a little horse-trading, but the first horse on offer needs to be one of theirs. The Chron, which quotes some other Senators and suggests that online and/or same day voter registration would be a good horse to swap for Whitley support, has more.

A closer look at how Texas strongly discourages voting

Well, it strongly discourages some people from voting.

Still the only voter ID anyone should need

Julieta Garibay, a native of Mexico City, was brought to Texas by her mother when she was 12. For 26 years, she was told to assimilate and stay quiet so people wouldn’t hear her accent. Last April, she became a citizen and registered to vote.

In January the state flagged her as one of the 95,000 suspected non-citizens registered to vote, on a list that the state’s chief law enforcement officer, Republican Ken Paxton, trumpeted on social media in all caps as a “VOTER FRAUD ALERT.” It took less than a day for local election officials to find glaring errors on the list, noting many people, including Garibay, were naturalized U.S. citizens and were wrongfully included on it.

“They were trying to say a bunch of U.S. citizens had actually committed fraud,” said Garibay, Texas director and co-founder of United We Dream, an Austin-based immigrant rights group. She is also the lead plaintiff in a lawsuit filed by the Mexican American Legal Defense Fund against the state over the list she says illegally targeted herself and other citizens who are foreign born.

“That’s one of the new tactics that they’re using. How do you put fear into people to believe that there is voter fraud happening in Texas and in many other states? How do you make sure you keep them quiet?” she said.

Garibay was one of the speakers at The Summit on Race in America, a three-day symposium hosted by the LBJ Foundation in Austin featuring civil rights icons, leaders, activists, musicians and comedians examining the progress and failures of the past half-century. Among the biggest challenges discussed were state-led efforts to chip away at the Voting Rights Act of 1965 signed by President Lyndon B. Johnson.

The Texas Legislature now is considering a bill that would punish those who vote illegally with up to two years in jail. Even if the illegal vote was a mistake — for example, a felon who didn’t know he was ineligible to vote until his probation ended — the penalty would be the same as for felony charges such as driving drunk with a child in the car or stealing up to $20,000. It wouldn’t matter if the ballot was never counted.

“We don’t really understand the argument about the chilling effect that would have,” said Sen. Bryan Hughes, R-Mineola, who is sponsoring the bill. “We’re trying to thread the needle to make sure folks aren’t cheating while we try to protect the right of every eligible voter.”

The main intention of that bogus SOS advisory was to kick people off the voter rolls, without any real concern about accuracy. That much is clear from everything we have learned about how it proceeded. But that wasn’t the only goal. Threatening prosecutions of people who voted in good faith is all about sending a message to low-propensity voters, the kind that Democrats worked very hard to turn out in 2018 and hope to turn out in greater numbers in 2020. If even a few people who weren’t on that list look at the news and conclude that voting, or registering to vote, is too risky, then mission accomplished. Greg Abbott and Ken Paxton can understand the numbers when they’re explained to them as well. A smaller electorate benefits them. Why wouldn’t they exercise their power to keep it that way? If you think I’m being overly harsh or cynical, please tell me what in the recent history of Texas politics would motivate you to giving them any benefit of the doubt? They’ve been quite clear about their intentions all along. It’s on us to believe them and take them seriously. The Statesman has more.

Settlement officially reached in lawsuits over bogus SOS advisory

Great news.

Still the only voter ID anyone should need

Three months after first questioning the citizenship status of almost 100,000 registered voters, the Texas secretary of state has agreed to end a review of the voter rolls for supposed noncitizens that was flawed from the start.

The deal was announced Friday as part of an agreement to settle three legal challenges brought by more than a dozen naturalized citizens and voting rights groups against the state. The groups alleged that the voter citizenship review, which was launched in late January, was unconstitutional and violated federal protections for voters of color.

Secretary of State David Whitley — who has yet to be confirmed by the Texas Senate amid the fallout over the review — agreed to scrap the lists of registered voters his office had sent to county voter registrars for examination. Whitley’s office will instruct local officials to take no further action on the names of people it had classified as “possible non-U.S citizens,” and county officials will be charged with notifying voters who received letters demanding they prove their citizenship that their registrations are safe.

The state is also on the hook for $450,000 in costs and attorney fees for the plaintiffs’ lawyers.

The agreement must still be approved by the federal judge overseeing the case, and the state will have five days after the judge dismisses the plaintiffs’ legal claims to officially rescind the list. But the settlement amounts to a profound defeat for the state leaders who had defended the review even though it had jeopardized the voting rights of tens of thousands of naturalized citizens.

“Today’s agreement accomplishes our office’s goal of maintaining an accurate list of qualified registered voters while eliminating the impact of any list maintenance activity on naturalized U.S. citizens,” Whitley said in a statement Friday. “I will continue to work with all stakeholders in the election community to ensure this process is conducted in a manner that holds my office accountable and protects the voting rights of eligible Texans.”

See here for the background. I thought at the time that this was a resounding defeat for the state of Texas, and I very much still think that. Honestly, I’m stunned that the state gave up like this instead of taking their chances with the ever-pliable Fifth Circuit. Did they think their case was such a loser that even the Fifth Circuit wouldn’t bail them out? It’s mind-boggling. Anyway, here are the statements from the various plaintiffs in the suit, courtesy of the ACLU’s press release:

“After months of litigation, the state has finally agreed to do what we’ve demanded from the start — a complete withdrawal of the flawed and discriminatory voter purge list, bringing this failed experiment in voter suppression to an end,” said Andre Segura, legal director for the ACLU of Texas. “The right to vote is sacrosanct, and no eligible voter should have to worry about losing that right. We are glad that the state has agreed to give up this misguided effort to eliminate people from the voter rolls, and we will continue to monitor any future voter purge attempt by the state to ensure that no eligible Texan loses their voice in our democracy.”

“Three months after the state released a discriminatory and flawed voter purge list, they have finally agreed to completely withdraw the advisory that risked throwing tens of thousands of potentially eligible voters off the rolls,” said Beth Stevens, voting rights legal director with the Texas Civil Rights Project. “State officials have wasted hundreds of thousands of dollars and struck fear and confusion into thousands of voters in order to pursue their voter suppression agenda. We are glad that this particular effort was stopped in its tracks and we will remain vigilant to ensure that not one single voter loses their right to vote due to the actions of state officials.”

“While we are glad to see this program scrapped, it’s important to remember that the state not only began to disenfranchise tens of thousands of eligible voters, but also threatened them with criminal prosecution,” said Brendan Downes, associate counsel with the Lawyers’ Committee for Civil Rights Under Law’s Voting Rights Project. “Naturalized citizens are, by definition, Americans. It’s time for the state to start treating them that way.”

“Secretary Whitley’s agreement to scrap what the court called a ‘ham-handed’ process and implement these common sense changes will go a long way to protecting eligible naturalized citizens from being improperly purged from the rolls,” said Sophia Lakin, staff attorney with the ACLU’s Voting Rights Project. “We will continue to monitor the secretary and counties to protect eligible Texas voters from discriminatory barriers to the ballot box.”

“This settlement acknowledges that naturalized Americans have full and equal voting rights — they cannot be singled out and purged from the rolls due to their status,” said Chiraag Bains, director of legal strategies at Demos. “The settlement is a victory for our clients and all in Texas who were wrongfully deemed ineligible to vote. The secretary’s actions were reckless and misguided, and we hope that other states will take note and avoid similar unlawful actions.”

“The League regrets that it took a lawsuit to remind our state officials that naturalized citizens have a right to vote and to fully participate in our democracy,” said Grace Chimene, president of the League of Women Voters of Texas. “We are hopeful that new procedures will prevent naturalized citizens from being treated as second class citizens. We will continue to work with the secretary of state, as the chief election officer for Texas, to protect all citizens’ right to vote.”

“When the secretary of state tried to discriminate against eligible voters in a dangerous voter purge, we stood up to challenge this egregious act of voter suppression. Today, we won,” said H. Drew Galloway, executive director of MOVE Texas Civic Fund. “Young naturalized citizens no longer have to worry about this reckless voter purge impacting their constitutional right to vote. We will continue to fight for all young voters across the state.”

The whole thing is also visible at the Texas Civil Rights Project webpage. The Secretary of State – who by the way still needs to be someone other than the deeply incompetent David Whitley – will still conduct reviews of voter rolls to look for non-citizens, it will just need to be done under this new framework. The one remaining question is what will happen with the voters whose names were referred to AG Ken Paxton for possible criminal investigation. We’ll just have to see what Paxton does – I can’t imagine him turning down an opportunity to grandstand, but he may be just smart enough to decline to pursue cases that will be tough to win given the questionableness of the evidence. With him, it could go either way. The Chron, the Dallas Observer, and Slate have more.

Congressional Republicans seek to halt SOS voter purge inquiry

I know, I’m as shocked as you are.

Still the only voter ID anyone should need

Republicans are challenging the authority of a U.S. House panel to investigate the Texas effort to purge thousands of suspected non-citizens from voter rolls, contending in letters Monday that a recent request for documents has no “valid legislative purpose.”

Rep. Chip Roy, R-Dripping Springs, and three other Republican members of the House Oversight and Reform Committee asked the committee to halt its investigations in Texas and related efforts in Georgia and Kansas.

“Your letters rely in large part on unverified media articles to suggest misfeasance or malfeasance in administering various state election laws and elections held in each of the three states,” the letter reads.

In separate letters to Texas Attorney General Ken Paxton and Texas Secretary of State David Whitley, the Republican congressmen suggest that Texas doesn’t need to comply with a request for documents because the “inquiry does not appear to have a valid legislative purpose and instead seeks confidential communications among state officials.”

[…]

[Committee member Rep. Jamie] Raskin, a law professor before he ran for Congress, asserted that Congress has the power and obligation to enforce voting rights under five separate constitutional amendments.

He said “indignant” Republicans might want to review letters written by the GOP-led Oversight Committee to states investigating the Affordable Care Act.

“It would be best if our GOP colleagues joined us in protecting voting rights, but at the very least they should stop trying to prevent us from doing our constitutionally mandated work,” he said in a statement. “Far from raising the ‘federalism concerns’ of Reps. Jordan, Hice, Cloud and Roy, this is serious federalism in action. Our colleagues should get used to it.”

See here, here, and here for the background. I say cry havoc and let slip the dogs of, um, subpoena power. The Republicans are gonna do what the Republicans are gonna do, so let’s just skip to the part where the courts sort it out.

Paxton gives the middle finger to House Oversight Committee

I’m sure you’re as shocked as I am.

Best mugshot ever

Facing an investigation over the state’s botched efforts to screen its voter rolls for noncitizens, the Texas Attorney General’s Office is declining congressional leaders’ request for information about the review.

In a Thursday letter to top officials with the House’s main investigative committee, Jeffrey Mateer, the state’s first assistant attorney general, indicated the state was brushing off a request for documents and communications from the Texas secretary of state and attorney general because the committee lacks “oversight jurisdiction.”

Instead, Mateer wrote, the state will treat the congressional inquiry as a public information request under state law, which grants the Texas attorney general’s office broad control over what information can be withheld from the public.

“We do not interpret your letter to be a subpoena issued under applicable House Rules. Nor do we consider it a request for information under any applicable federal law,” Mateer said. “For the foregoing reasons, and because the House Committee on Oversight and Reform and its subcomittees lack oversight jurisdiction over constitutional officers of the State of Texas, we must interpret your request under Texas state law.”

[…]

A spokesperson for the committee did not immediately respond to a request for comment regarding the AG’s letter. But in announcing the Texas investigation — part of a broader probe of voting irregularities in multiple states — Cummings and Raskin cited their authority to investigate “any matter” at “any time” under the rules of the U.S. House of Representatives. The committee has the authority to issue subpoenas. Raskin chairs a subcommittee on civil rights and civil liberties.

See here and here for the background. I wish I could say I was surprised by this, but it’s about as surprising as a humid morning in July. What happens next is probably a subpoena, but after that it’s anyone’s guess.

The committee said in response to Paxton’s letter that it still expects to receive the documents.

“The right to vote is guaranteed by the U.S. Constitution, and Congress is charged with protecting and defending the Constitution,” the committee said in a statement.

“Congress has an independent responsibility to investigate violations even when there may be separate litigation involving the same or similar matters. We expect full compliance with the Committee’s request.”

A committee spokesperson would not address a question about the use of a subpoena to obtain the emails and other documents.

[…]

Joe Larsen, a Houston lawyer and board member of the Freedom of Information Foundation of Texas, said even if the House does file a subpoena, the Attorney General could decline to cooperate.

The larger legal question of whether the committee has jurisdiction in a state matter may ultimately have to be solved by a court, Larsen said.

Normally, congressional oversight is for the executive branch, which does not include states, he said.

“It’s the idea that the federal government cannot be micromanaging what’s going on in the states unless that power is directly given to them by the Congress,” Larsen said.

But the committee could make the argument that it has the right under the “necessary and proper clause” of the Constitution to ensure that federal laws such as the Voting Rights Act aren’t being violated.

“That’s going to be a fight,” Larsen said. “It’s a fair argument on both sides.”

Better hope the courts are sympathetic to that line of reasoning. Our next chance to hold these amoral assholes accountable isn’t until 2022, and we can’t afford to wait that long.