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April 28th, 2021:

Another nasty anti-trans bill passes the Senate

Just awful.

The Texas Senate tentatively approved a bill Monday in an 18-13 vote that would classify providing gender affirming health care to transgender minors as child abuse — just one of the Legislature’s many attempts to prevent transgender children from transitioning before their 18th birthday.

Senate Bill 1646 is among several other bills that advocacy groups say erode the rights of transgender Texans. Authored by Lubbock Republican Sen. Charles Perry, it amends the definition of abuse under Texas Family Code to include administering or consenting to a child’s use of puberty suppression treatment, hormones or surgery for the purpose of gender transitioning.

But it’s unclear what the legislation’s chances are in the House, where another major bill targeting transgender children appears to have stalled.

In a Senate committee hearing, SB 1646 attracted over four-and-a-half hours of public testimony from LGBTQ Texans, their parents and several state and national medical associations opposing the bill’s intrusion into intimate medical decisions. Social workers also testified the bill could put more transgender children into the foster care system, where they face elevated rates of suicide and depression.

Perry argued in floor debate that the bill was necessary to prevent children from making irreversible decisions that they may regret later, but experts say both of those claims are questionable.

According to Marjan Linnell, a general pediatrician, puberty suppression treatments are completely reversible and have been used for decades to delay early onset puberty. While other treatments such as hormones and surgery may cause irreversible changes, Linnell said the risks are discussed extensively with children and their parents before the procedures, which is typically only performed after puberty.

[…]

The Senate is set to take their final vote on the bill Wednesday. It previously passed Senate Bill 29, legislation that would force transgender students to participate in school sports based on the sex originally labeled on their birth certificate.

That bill has been sitting in a House committee since the Chair Harold Dutton, D-Houston, told the Houston Chronicle its identical House companion bill likely didn’t have the votes to make it to the full lower chamber.

See here and here for some background. While SB29 could be assigned to the Public Education committee, which is why it is bottled up, SB1646 likely will be assigned to a committee that is Republican-dominated, and thus like HB1399 it will likely advance to the House floor. From there, anything can happen.

I think we all know how I feel about this, so let me cite a couple of worthwhile tweets and call it a day.

Sheriff Gonzalez nominated to lead ICE

Wow.

Sheriff Ed Gonzalez

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

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

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

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

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

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

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

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

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

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

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

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

More from the Chron.

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

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

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

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

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

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

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

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

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

Rep. Fletcher will push for Ike Dike in the infrastructure plan

A good thing to champion.

Rep. Lizzie Fletcher

As congressional Democrats hash out a plan to spend more than $2 trillion on the nation’s crumbling infrastructure, it’s unclear how much — if any — of that money would go toward a long-sought barrier to protect the Texas Gulf Coast from catastrophic storm surge.

But at least one Houston Democrat is making it her mission to ensure the package includes funding for the latest version of the so-called Ike Dike, a proposed $26 billion project that would fundamentally alter the southeast Texas coastline.

“This is the time to make the case,” said U.S. Rep. Lizzie Fletcher.

Fletcher is telling the Biden administration and Democrats on key committees drafting the infrastructure bill that the Ike Dike isn’t just a project to protect Texas. If storm surge were to head north into the Houston Ship Channel and shut down the Port of Houston — the busiest port in the country and home to much of the nation’s petrochemical industry — it would have “dire” economic consequences for the entire nation, Fletcher recently testified to a House committee.

“The potential environmental and human catastrophe that would come from that storm surge … it’s beyond anything I think our country has ever seen,” Fletcher said in an interview with Hearst Newspapers. “People need to know and understand that.”

However, Fletcher may be facing an uphill battle even with a fellow Democrat in the White House.

President Joe Biden’s infrastructure plan doesn’t include specific projects, and Transportation Secretary Pete Buttigieg says it’s too early to say whether even some of the $50 billion that the plan earmarks to gird against storms would help fund the Ike Dike.

Meanwhile, delegations from other states are revving up efforts to secure funding for their own projects, though the White House has said it doesn’t want specific projects written into the plan and would rather set up competitive grants to dole out the funding.

“Obviously every member is going to have something in their district or state they’re going to want to bring home and show they’re doing something,” said Bill Stahlman, a member of the American Society of Civil Engineers’ Committee on America’s Infrastructure. “Whether it’s a small, local, rural bridge that needs to be rebuilt or on the magnitude of the Ike Dike…they all have value to that community.”

See here, here, and here for some background. While the Lege is taking up a bill to establish a funding source for coastal flood mitigation, that would be a long-term project and it’s not at all clear to me that it wouldn’t require federal supplement anyway. The Ike Dike is exactly the type of project that should be tackled as a big federal investment, and Rep. Fletcher makes a good case for it. Having a champion for this project in Congress is better than just having interest groups push for it, and having a champion who’s in the legislative majority with a President of the same party that wants to have a big infrastructure bill is even better. There are still no guarantees, of course, but this is the best shot we’ve had.

As the story notes, Rep. Fletcher is now working on her colleagues to get their support as well – Rep. Al Green has already signed on, and I expect most if not all of the Dem caucus will join. Getting Republicans on board is a different challenge, and it may not mean anything if they’re just going to vote against the final bill anyway, as they all did with the COVID relief bill. I’m sure Sen. Cornyn might come out in favor of a standalone Ike Dike bill, but such a thing is a much longer way away from passage, and it would need at least ten Republican Senators on board to defeat the filibuster. I wouldn’t bet a dollar on Ted Cruz being on board with this, so you can imagine the likelihood of Cornyn putting together a winning coalition to make such a separate bill worthwhile. This is the reality of it, and it’s a challenge. In the absence of any viable alternatives, you’re either with Rep. Fletcher or you’re against the Ike Dike. NBC News has more.

Pressure on the Greater Houston Partnership to oppose voter suppression

Good.

A group of Greater Houston Partnership members is urging the region’s largest chamber of commerce to oppose voting bills in the Texas Legislature that critics say will make casting a ballot more difficult in Harris County, especially for residents of color.

The dispute comes weeks after several major Texas corporations denounced the proposed legislation and nearly a year after the GHP committed to fighting racial inequality in the wake of George Floyd’s killing by police.

The 10 business leaders sent a letter to GHP President Bob Harvey and Board Chair Amy Chronis on Monday morning with a proposed statement condemning Senate Bill 7 and House Bill 6 as currently written.

“New election legislation in Texas should expand, instead of limit, options for civic participation,” the statement reads in part. “Certain provisions of these bills are contrary to these objectives and should be eliminated or modified. We stand ready to work constructively to effect necessary changes in these bills.”

Harvey said in a statement that “we should be working towards an election system that offers every Texan unfettered access to the polls and instills confidence in everyone that the system is fair.” He declined to comment about ongoing discussions about the voting bills.

The letter’s signatories — Tony Chase, Paul Hobby, Carrin Patman, Gerald Smith, Donna Sims Wilson, Mia Mends, Wayne McConnell, Jim Postl, Claudia Aguirre and Ann Stern — declined to comment beyond the letter or did not respond.

You can see a copy of the letter here. This should be the sort of civic-engagement, good-government stuff that a group like the GHP is made for, but of course this is a partisan matter and they’ll be attacked for Taking A Side, which is why it’s necessary to remind them that not taking a side is in fact a choice that has consequences. I’m sure it was easier to be the Greater Houston Partnership when Republicans all looked and sounded like Ed Emmett, but those days are over. Being non-partisan doesn’t mean anything if it requires you to shy away from values you’ve claimed to hold dear in the past. What do you stand for, GHP? One way or another, you’re going to tell us.