Same deal, too much news, yadda yadda yadda…
Gov. Greg Abbott on Thursday authorized state law enforcement to return migrants suspected of entering the country illegally to southern ports of entry, though he stopped short of instructing officials to expel them from the country, as some conservatives have urged him to do.
It was not immediately clear what practical impact the directive would have. Under his border initiative, Operation Lone Star, Abbott has already ordered state police and Texas National Guard soldiers to apprehend those who cross the border and turn them over to federal immigration authorities, where they are then deported or released back into the country to await their asylum hearings.
The move comes two days after a group of local officials called on Abbott to declare Texas under “invasion” and start expelling migrants suspected of crossing the border illegally. That action would be unprecedented for the state, but some conservatives argue it would be justified because of the Biden administration’s push to roll back Trump-era border policies.
Even without deporting those who cross the border, Abbott’s order further expands Texas’ border security role, testing constitutional and legal limits that reserve those duties for the federal government.
An Abbott spokesperson did not respond to a request for comment. The governor previously expressed unease about the idea of state authorities unilaterally expelling migrants from the country, which he said could be legally tricky.
“There are federal laws that law enforcement could be prosecuted under if they were to take someone, without authority, and immediately return them across the border,” he said in April.
Some legal experts believe the “border invasion” strategy would run afoul of U.S. asylum laws, along with legal precedent that gives the federal government broad discretion in setting and enforcing immigration policy.
Justice Department lawyers used that argument last summer when they successfully sued Texas over Abbott’s push to stop and search drivers suspected of transporting migrants into the state.
The “invasion” argument would be an entirely new concept to immigration law, said Leon Fresco, an immigration attorney based in D.C. Fresco said Abbott’s order seems designed to invite litigation before state and federal courts, where Texas and other Republican-led states have increasingly turned to try and shape immigration law.
“They want to tee that issue up,” he said.
Cuccinelli and other supporters of local-led deportations say states have the constitutional right to protect themselves from “imminent danger” when they believe the federal government has failed to.
That argument may not hold up under an some readings of the Constitution, Fresco said, since it could mean the U.S. was technically under invasion between the writing of the Constitution and 1882, when the first federal law restricting immigration was enacted.
“How can an invasion be people coming to America without America’s permission, since that was the state of affairs in America for the first 100 years of the republic?” Fresco said.
I guess that depends on how seriously SCOTUS believes its own bullshit about how everything is rooted in 18th and 19th century traditions. I can’t wait to see the lawsuit that will happen when some overzealous state cop hauls a natural-born citizen to the border by mistake. In the meantime, if you look up the word “flailing” in the dictionary, you will see Greg Abbott’s picture. (Related story: Republican county officials in South Texas want Gov. Greg Abbott to deport migrants. Only the federal government can do that. What could possibly go wrong?)
The Department of Justice is investigating alleged civil rights violations under Operation Lone Star, a multibillion-dollar border initiative announced last year by Gov. Greg Abbott, according to state records obtained by ProPublica and The Texas Tribune.
The Legislature last year directed more than $3 billion to border measures over the next two years, a bulk of which has gone to Operation Lone Star. Under the initiative, which Abbott said he launched to combat human and drug smuggling, the state has deployed more than 10,000 National Guard members and Department of Public Safety troopers to the border with Mexico and built some fencing. Thousands of immigrant men seeking to enter the country have been arrested for trespassing onto private property, and some have been kept in jail for weeks without charges being filed.
Since the operation’s launch, a number of news organizations, including ProPublica and the Tribune, have outlined a series of problems with state leaders’ claims of success, the treatment of National Guard members and alleged civil rights violations.
An investigation by the Tribune, ProPublica and The Marshall Project found that in touting the operation’s accomplishments, state officials included arrests with no connection to the border and statewide drug seizures. The news organizations also revealed that trespassing cases represented the largest share of the operation’s arrests. DPS stopped counting some charges, including cockfighting, sexual assault and stalking, after the publications began asking questions about their connections to border security.
Another investigation by the Tribune and Army Times detailed troubles with the National Guard deployment, including reports of delayed payments to soldiers, a shortage of critical equipment and poor living conditions. Previous reporting by the Army Times also traced suicides by soldiers tied to the operation.
Angela Dodge, a DOJ spokesperson, said she could not “comment on the existence or lack thereof of any potential investigation or case on any matter not otherwise a part of the public court record.”
“Generally, cases are brought to us by a variety of law enforcement agencies — federal, state and local — for possible prosecutorial consideration following their investigation into a suspected violation of federal law,” Dodge wrote in an email. “We consider each such case based on the evidence and what can be proven beyond a reasonable doubt in a federal court of law.”
But at least two Texas agencies involved in carrying out the border initiative have pointed to a DOJ investigation in records obtained by ProPublica and the Tribune through the Texas Public Information Act.
In an internal email in May, DPS officials said that the DOJ was seeking to review whether Operation Lone Star violated Title VI of the Civil Rights Act of 1964, which bars discrimination on the basis of race, color or national origin by institutions receiving federal funding.
According to the emails, the federal government requested documents that include implementation plans, agreements with landowners and training information for states that have supported Operation Lone Star by sending law enforcement officers and National Guard members to Texas.
“If you are not already aware, the Civil Rights Division of the DOJ is investigating Operation Lone Star,” Kaylyn Betts, a DPS assistant general counsel, wrote in a May 23 email to a department official. She added that the agency should respond in a timely and complete manner.
In a letter sent Friday to the state’s attorney general, the Texas Department of Criminal Justice also cited a “formal investigation” of Operation Lone Star by the DOJ. The agency, which manages the state’s prison system, pointed to the investigation while fighting the release of public records sought by the news organizations.
In the letter, the department’s deputy general counsel wrote that the DOJ is investigating whether the state agency is subjecting people who are arrested as part of the border operation to “differential and unlawful conditions of confinement based on their perceived or actual race or national origin.”
I’m sure there’s plenty of evidence of unlawful behavior to be found. The big question to me is whether there are any sanctions that can be levied that would provide an incentive to not keep on doing that bad behavior. I don’t think the consequences that are currently available are up to the task, but I’m reluctant to push for there to be greater punishments given the way the federal government was weaponized against the personal enemies of the previous occupant of the White House. What we really need is greater respect for the law and the rule of law by the likes of Greg Abbott and the seething mob of radicals that influence his behavior. You can tell by the way I wrote that sentence that I’m not optimistic about that.
But there are consequences anyway, just not necessarily for those who need them: Understaffed, and under federal investigation, Texas juvenile detention system halts intake.
Texas’ juvenile detention system has shut its doors and won’t accept any new kids because it is “hemorrhaging” staff, and officials fear they can’t ensure the safety of the nearly 600 youths already in their custody.
According to a Texas Juvenile Justice Department letter, released to The Texas Tribune on Wednesday, the state’s five youth lockups were implementing emergency protocols “as the staffing strength at each secure facility becomes more grim.”
“The current risk is that the ongoing secure facility staffing issue will lead to an inability to even provide basic supervision for youth locked in their rooms,” Shandra Carter, the agency’s interim director, wrote to juvenile probation leaders across the state last week. “This could cause a significantly impaired ability to intervene in the increasing suicidal behaviors already occurring by youth struggling with the isolative impact of operational room confinement.”
The agency has 331 vacant positions for juvenile corrections officers and only 391 officers available to cover its facilities, an agency spokesperson said Thursday.
Minors sentenced to serve sentences at a TJJD facility will remain at local detention facilities, many of which have their own shortage of beds. In her letter, Carter said 130 juveniles were waiting in county facilities before intake was halted.
Carter said the agency is trying to restart intake as soon as possible by shifting people to different units, stopping intensive intervention programs for those who have committed violent crimes and looking into whether any youths could be eligible for release.
Texas’ juvenile lockups have long been plagued by physical and sexual abuse and dangerous environments for youths detained there. In October, the U.S. Department of Justice announced it was investigating whether the agency provides “reasonable protection from physical and sexual abuse by staff and other residents, excessive use of chemical restraints and excessive use of isolation.”
Carter was appointed to run the agency by the Texas Juvenile Justice Board in April, when former director Camille Cain quit without notice after four years at the helm. Hours before Cain’s departure was made public, Gov. Greg Abbott announced he was taking money from her troubled agency to continue funding Operation Lone Star, his multibillion-dollar border security operation.
Cain, who previously worked for Abbott, has not publicly discussed the reasons for her departure. Records obtained by the Tribune show Cain requested $31,225,360 in coronavirus relief funds from Abbott’s office in April, weeks before the governor took the same amount of money from her agency.
In a statement, TJJD said Thursday that the funds transferred out of their hands by Abbott had a “net-zero” budget impact. A spokesperson said the agency had used federal coronavirus relief funds to pay salaries that would typically have come from their general revenue.
“Once those expenditures from the federal dollars were made, we returned the same amount of funds from our General Revenue,” TJJD spokesperson Barbara Kessler said in the statement.
On Thursday afternoon, an Abbott spokesperson said the transfer of funds only acted as a placeholder and “did not impact the agency’s operational budget in any way.”
Sure, Jan. I mean, as noted in the story the TJJD is a stinking mess that really ought to be burned to the ground. It’s just that this isn’t a good way to do that. The priority still needs to be the welfare of the children in its care. But hey, issuing traffic tickets to people in border counties is a more urgent need, so here we are.