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Federal lawsuit filed over Abbott’s border arrest fiasco

Meant to post this last week.

Three private defense attorneys, representing 15 migrant men arrested under Gov. Greg Abbott’s border operation, have filed a federal lawsuit seeking to end the governor’s policy of arresting migrants on criminal trespass charges, which the suit argues is racially discriminatory and infringes on the federal government’s immigration authority.

The lawsuit is the first to challenge Abbott’s Operation Lone Star in federal court, though defense attorneys have raised similar arguments in ongoing state litigation. The federal suit, filed Wednesday in the Austin-based U.S. District Court for the Western District of Texas, asks the court to scrap the governor’s border initiative altogether and order the release of migrants arrested under what it calls a “separate criminal prosecution and detention system.”

“The criminal process is rife with civil rights violations that have led to extreme, outrageous delays in cases that often end in dismissal or non-prosecution,” the lawsuit states, alleging state authorities filed “fraudulent probable cause affidavits,” failed to appoint attorneys for some defendants, and waited too long to file charges for numerous migrants.

Under orders from Abbott, state troopers and National Guard troops have arrested more than 3,000 migrant men since last July for allegedly trespassing on private property along the border. The operation has allowed Texas officials to jail migrants without running afoul of legal precedent that largely prevents states from enforcing federal immigration law.

The federal suit argues, however, that the entire program — including the trespass arrests — is “intended to rival or supplant federal immigration policy” and “interferes with federal enforcement priorities.” It argues that while the Biden administration has ordered immigration authorities to prioritize the most serious offenders, such as those with violent criminal history, Operation Lone Star “targets any and all suspected aliens without regard to dangerousness.”

Defense attorneys have used a similar argument in a pending state lawsuit that seeks to dismiss the cases of more than 400 migrants arrested under Texas’ border initiative. That lawsuit is modeled after an earlier case in which a Travis County judge tossed the trespass charge against Jesús Alberto Guzmán Curipoma, an engineer from Ecuador who was arrested in September.

Curipoma and his attorneys, Angelica Cogliano and Addy Miro, are also part of the federal lawsuit filed Wednesday.

[…]

The federal lawsuit further alleges that migrants are routinely arrested under Operation Lone Star without probable cause, in violation of the Fourth Amendment, and based on their perceived ethnicity and immigration status, resulting in “systemic discrimination.” The attorneys cited arrest affidavits filed by Department of Public Safety troopers that refer to detainees as Spanish or Hispanic and undocumented, or reference their country of origin.

Such statements “suggested that the individual’s perceived ethnicity was relevant to the DPS trooper’s understanding that that person was not welcome on the property,” the lawsuit reads.

The suit seeks monetary damages of $18,000 for each day that migrants were “unlawfully incarcerated or unlawfully re-incarcerated,” amounting to $5.4 million.

Much of the language from the lawsuit mirrors that of a complaint filed by civil rights groups with the U.S. Department of Justice last December, in which the groups urged the Biden administration to investigate Operation Lone Star. The Justice Department has yet to step in against Abbott’s initiative.

Meant to include this in that big roundup of border and legal stories, but I just missed it. My bad and my apologies. I don’t have anything to add other than I’m rooting for these plaintiffs and I’d like to see the Justice Department get off its ass and address that complaint from December.

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