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border fence

P Bush files a Paxton-style lawsuit

What a wannabe.

Texas Land Commissioner George P. Bush has filed a lawsuit against the Biden administration, claiming the president is illegally preventing the construction of a wall on the Texas-Mexico border.

Bush announced the lawsuit Wednesday, saying his office is suing Biden and Department of Homeland Security Secretary Alejandro Mayorkas “on grounds that (the Biden administration) is illegally preventing the border wall from being constructed.”

“The issue here is simple — no man is above the law. And that includes President Biden,” Bush said.

[…]

The complaint by Bush, filed in U.S. District Court in McAllen on Tuesday, argues that between 2018 and 2021, Congress approved $5 billion for the construction of barriers along the U.S.-Mexico border and Biden had no legal right to halt construction on the project.

On Inauguration Day, Biden issued an executive order calling the border wall a “waste of money” and saying that it was “not a serious policy solution.”

The complaint asks federal judge Ricardo H. Hinojosa to rule Biden’s order illegal and to stop Mayorkas from diverting the funds earmarked for the wall to other uses.

“This lawsuit is not about whether border walls are effective. It is about whether a President may unilaterally override these duly enacted appropriations bills to fulfill a campaign promise,” the lawsuit says.

It’s about more than that, I think we can all agree. I have no idea what if any merits there are to this suit – I couldn’t find any legal analysis in the stories I found while googling around. I suspect that the political mission has been accomplished, and that’s what really matters. We’ll see about the rest.

You can’t use that money for your stupid wall

So say Democratic members of Congress from Texas, and they’re asking the Treasury Department to back them up.

Rep. Lloyd Doggett

Texas Democrats in Congress are irate that Gov. Greg Abbott can divert federal funds intended for COVID-19 relief to build a border wall. On Monday, they asked Treasury Secretary Janet Yellen to step in and block the state from using any of its $15.8 billion windfall for this “costly monstrosity.”

“We are concerned by the prospect of Texas Governor Greg Abbott’s potential misuse of these funds to continue the misguided plans of President Trump to extend a wall along the border between Texas and Mexico,” the 13 Texas lawmakers wrote.

Abbott announced a $250 million “down payment” on June 16 for Texas to build its own border wall, using funds from the state prison budget.

That’s one-tenth of the annual prison budget, but law and order allies seemed unconcerned. In March, Congress approved $1.9 trillion for pandemic relief, including $350 billion for state and local governments to use in almost any way they want, other than tax cuts or deposits to a pension fund.

Abbott’s office does not dispute that he intends to backfill the prison budget using the pandemic relief funds, though he hasn’t touted that aspect of his plan.

[…]

Rep. Lloyd Doggett of Austin circulated the letter among fellow Texas Democrats in the House.

“Just as he unsuccessfully tried to steal federal education money from our schools, I would not be surprised if Abbott tries to divert other federal recovery funds from Texans” to project toughness on border security ahead of his reelection bid next year, Doggett said.

In the letter to Yellen, the Texans argue that the federal relief fund was meant to help states provide “premium pay to essential workers, assistance for small businesses, public health measures to respond to COVID-19, and investments in government services, including public facilities and infrastructure.”

Not a single Republican in the House or Senate supported the $1.9 trillion package, which makes it even more galling to Democrats that the largesse could subsidize more border wall.

Treasury is finalizing rules on exactly how states can spend the funds.

The Texans asked the department to make clear “that these Recovery Funds cannot be used for a border wall, fence, or similar installation. This rule should also be clear that this prohibition cannot be subverted by accounting tricks that use Recovery Funds to supplant state funds, which are then used to construct a wall.”

While the $250 million Abbott shifted from the Texas Department of Criminal Justice isn’t enough to build more than “a token, symbolic portion of this costly monstrosity,” the Democrats wrote, “it certainly should not be paid for directly or indirectly with federal Recovery Funds in defiance of President Biden’s direction to cease wall construction.”

Here’s the letter, which was signed by all 13 Congressional Dems from Texas. This seems like a pretty clear case to me, and I would have a hard time seeing why Secretary Yellin would say no to this. That said, this will surely draw a lawsuit from Abbott and Paxton, so we should make sure there’s legal ground to stand on. Assuming there is, then by all means block this money grab. Let Abbott crowdfund his way out of this; he’s got a long way to go at this rate. The Chron and the Current have more.

ACLU warns counties to stay away from the Abbott wall

From the inbox:

The American Civil Liberties Union of Texas sent letters today to 34 counties informing top officials that implementing Gov. Greg Abbott’s unlawful plan to engage in immigration enforcement would violate the U.S. Constitution.

The letters, sent to the counties targeted by Abbott, advise against local law enforcement participation in Abbott’s unilateral efforts to set federal immigration policy, arrest and detain immigrants, and deter people from seeking protection in the United States. Noncitizens in the U.S. have the legal right to seek asylum and other protections. Arresting and detaining immigrants due to their immigration status or as a result of enforcing or altering federal immigration law is unconstitutional.

“Gov. Abbott cannot seek to enforce his own version of immigration policy,” said Kate Huddleston, attorney at the ACLU of Texas. “County officials will be in violation of the law if they enforce the governor’s plan. The federal government, not states or local governments, sets immigration policy and enforces immigration law. Yet again, the governor is targeting immigrants and inciting fear and xenophobia in our state. These moves are a cruel distraction from the real problems facing the state, such as fixing the failing state electrical grid.”

The letters also request under the Texas Public Information Act information about guidance that local officials have received from the state, as well as local cooperation with state efforts to arrest immigrants to date, including any arrests or prosecutions by their locality.

In addition, the letters advise localities to train local law enforcement officers to ensure they do not violate the Constitution or federal law when interacting with immigrants. The ACLU of Texas is asking agencies to adopt policies that comply with constitutional policing and limitations on immigration enforcement, including training officers to refrain from making stops based on perceived immigration status, race, ethnicity, or language.

The 34 counties that received the letter are: Brewster, Brooks, Cameron, Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Goliad, Gonzales, Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Kenedy, Kinney, La Salle, Lavaca, Maverick, McMullen, Pecos, Presidio, Real, Reeves, Starr, Sutton, Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.

See here and here for the background. A copy of the letter is here. It seems clear that this is a precursor to a lawsuit, serving both as a warning to the counties that if they follow along with Abbott’s folly they will be named in the suit as well, plus an early effort to gather evidence. The Public Information Act request in this letter specifically asks for the following:

1. Any and all records regarding the May 31, 2021 disaster declaration and its implementation;

2. Any and all records regarding Operation Lone Star and its implementation;

3. Any and all records regarding your locality’s participation in or cooperation with Texas Department of Public Safety officials engaged in Operation Lone Star or any other immigration enforcement efforts; and

4. Any and all records regarding arrests and/or prosecutions pursuant to Operation Lone Star, the May 31 disaster declaration, or for immigration-related enforcement purposes by your locality from March 6, 2021, to the present, including but not limited to arrests and prosecutions for criminal trespass, smuggling, or human trafficking.

We’re unlikely to get any of that information from Greg Abbott, so no matter what else happens this should be valuable.

We do agree that “Greg Abbott” and “disaster” go together well

I just have one question about this.

Over the past year, Gov. Greg Abbott has issued disaster declarations across the state for a number of tragedies: the coronavirus pandemic that killed more than 50,000 Texans, a winter storm that left millions of people in freezing temperatures without power for days, hurricanes and floods that wiped out homes and local infrastructure.

The disaster declarations give the governor broad power to suspend state laws and regulations that hinder a jurisdiction’s recovery from a disaster and to allow the use of available resources to respond to the disaster.

Then, on May 31 the two-term Republican governor who is seeking reelection next year took the unprecedented step of declaring a disaster for 34 counties based on an increase of illegal immigration at the Texas-Mexico border. The declaration allowed Abbott to request the reallocation of $250 million of legislatively appropriated funds toward a border wall construction project pushed by his office.

“It’s extraordinarily unusual,” said Jon Taylor, professor of political science at the University of Texas at San Antonio. “Traditionally, it’s used for natural disasters,” he added, though state law does allow for its use for some man-made disasters.

Abbott’s move raises questions about the executive branch’s emergency powers, rekindling concerns raised during the early days of COVID-19 last year when Abbott used his broad emergency powers to enact restrictions shutting down businesses to curb the pandemic. In response, the Legislature tried without success to rein in Abbott’s authority this session.

But now, critics are questioning whether an increase in illegal immigration constitutes a disaster that merits emergency action by the governor.

State Rep. John Turner, D-Dallas, said Abbott’s use of a disaster declaration to reallocate legislatively appropriated funds to a project from his office stretches the concept of emergency authority “to its breaking point.”

“A governor should not be able to circumvent the legislative process by declaring such matters to be emergencies and then implementing whatever measures he wishes,” Turner said in a statement. “If a governor can commence such a long-term, multi-hundred-million-dollar public works project under the cover of emergency powers, it is difficult to know what the limits of those powers are.”

“I hope the Legislature will reassert its authority and resist this ill-considered action by the Governor,” he added.

See here and here for the background. My question is this: Who’s going to sue, and when will they do it? The Lege is not going to rein in Abbott – he’s not going to put that on the special session agenda, and even if he did the same Republicans who grumbled about his COVID actions are just fine with this. Filing a lawsuit is all that’s left. Maybe it works, maybe it doesn’t – my advice is to hire a better attorney than Jared Woodfill if you want a chance – but that’s the only avenue available at this point. It’s fine by me if there are multiple lawsuits, in both state and federal court. Just, start filing. The longer this charade goes on, the worse it’s going to get.

It’s just the next GoFundMe for “border security”, with more grifting and human rights abuses

Have I made my opinion sufficiently clear, or do I need to spell it out for you?

Republican Gov. Greg Abbott on Wednesday said Texas will spend $250 million to begin building a wall along the Mexico border, picking up on where former President Donald Trump left off on his divisive campaign pledge.

The governor declined to speculate on how long the project could take or how much it may ultimately cost, saying only that it will be “much more” than the initial investment. His office launched a crowdsourcing campaign Wednesday that he said will be overseen by two state agencies.

[…]

Governors in other Republican states, including Florida and Oklahoma, committed on Wednesday to send law enforcement to South Texas to help boost border security. Trump is also expected to join Abbott in Texas later this month for a trip that the former president said will shed light on the “decimated” border.

Abbott said the $250 million will go toward hiring a project manager, who will eventually provide a full cost and timeline for the project. The money is being taken from funds already dedicated to the Texas Department of Criminal Justice.

See here for the background. Yes, “crowdsourcing” will be used to pay for this debacle. What could possibly go wrong?

New York federal prosecutors on Thursday charged President Donald Trump’s former adviser Steve Bannon and three others with defrauding donors of hundreds of thousands of dollars as part of a fundraising campaign purportedly aimed at supporting Trump’s border wall.

Bannon, 66, was arrested at 7:30 a.m. Thursday near Westbrook, Connecticut, on the yacht of exiled Chinese dissident Guo Wengui, according to two law enforcement officials. Federal agents, officials from the United States Postal Inspection Service and the United States Coast Guard, assisted, officials said.

Surely this is all for a higher purpose, right?

But surely Greg Abbott’s motives are pure and uncompromised?

Gov. Greg Abbott wants to talk about building a wall between Texas and Mexico — a top concern for the Republican voters whose favor he hopes to enjoy in next year’s GOP primary and general election. He’s bringing former President Donald Trump to the state this month for a visit to the border, a way to showcase the problems there and also to show those Republican voters that their most popular national leader is pals with their governor.

But the weather is in the way. More to the point: Doubts about the reliability of the state’s electric grid — there to protect all Texans from the weather — is in the way. The grid seems a little too wobbly in the face of early summer heat, after it failed in cold weather earlier this year. Having elected officials patting you on the head and telling you not to worry is less effective when your electric company is urging you to move the thermostat up to 82 degrees.

[…]

It’s a trust thing. At the beginning of February, it’s safe to assume that most Texans had no idea what ERCOT is, what it does or why it’s important. And because the state’s electric generators couldn’t produce the power they were obligated to produce during that storm, forcing ERCOT to order blackouts, we’ve all got the fidgets.

What wasn’t even entering our minds a few months ago is now front and center. We’re not taking our electricity for granted at the moment. ERCOT’s forecasts for this summer were that heat-related blackouts were possible. Now the prospect is real: The heat and the air conditioners and our memories of February are making it hard for the governor to direct our attention to his efforts to deal with an increase in migrants at the border.

He insisted Wednesday — emphatically and in a raised voice — that his call for a border wall isn’t driven by politics, and that anyone who says otherwise doesn’t know what they’re talking about.

Texans might be distracted by thoughts of losing the flow of electricity that runs our coolers and fans, our homes, businesses, hospitals and all the other things that help keep us alive. But Abbott dismissed anxiety about electricity, saying, “The energy grid in Texas is better today than it’s ever been.”

See? All better.

Yeah. Now go read Perla Trevizo’s Twitter thread about that previous crowd-funded wall in Texas, which managed to be crappily built as well as a vehicle for fraud, and Keri Blakinger’s thread about the prison that is being emptied out to house a bunch of people who will presumably be arrested on such charges as “aggravated trespassing”. It’s almost not possible for this scheme to be sketchier, but I am confident they will find a way. The Texas Signal has more.

Abbott’s border wall

I have many questions about this, but for this post I will limit myself to three.

Gov. Greg Abbott announced Thursday that Texas will build a border wall along the state’s boundary with Mexico — but provided no details on where or when.

Abbott declared his plans during a press conference in Del Rio. He said he would discuss the plans next week. The Biden administration issued a proclamation that stopped border wall construction on his first day of office.

Abbott announced the news while discussing a slew of border initiatives, such as a $1 billion allocation for border security in the state budget lawmakers just passed and a plan to establish a Governor’s Task Force on Border and Homeland Security with public safety and state government officials.

“It will help all of us to work on ways to stem the flow of unlawful immigration and to stem the flow of illegal contraband,” Abbott said, while seated next to officials from the National Guard, Texas Department of Public Safety and Texas Division of Emergency Management.

At the conference, Abbott also announced plans to increase arrests along the border — and increase space inside local jails.

“They don’t want to come to across the state of Texas anymore because it’s not what they were expecting,” Abbott said before being met with applause from those at the conference. “It’s not the red carpet that the federal administration rolled out to them.”

He also announced an interstate compact with Arizona Gov. Doug Ducey to resolve the border “crisis,” and called on other states to do the same.

1. How exactly is any of this going to be paid for? I know Abbott has promised more details next week, but we just had an entire legislative session, with a budget being passed, and I don’t remember “building a border wall” being part of it. Also, arresting however many people and putting them in jail – who will be paying for that? Even if one can claim that there is a line item in the budget for this, does anyone believe it’s enough?

2. How many lawsuits do you think this will generate? There’s federal-state issues, such as whether states can arrest migrants for trespassing, likely questions about how various funds may be spent on this ill-conceived idea, and who knows what else. Some number of lawyers are going to make a lot of bank on this.

3. We’re totally going to start seeing “Abbott for President 2024” speculation because of this, aren’t we? Time to find a nice Internet-free cabin in the woods, I suppose. More from the Trib here.

Things the Rainy Day Fund was not intended for

This, for one.

A pair of conservative lawmakers want Texans to help pay for President Donald Trump’s border wall and plan to ask lawmakers to take $2.5 billion out of its rainy day fund to cover the costs.

Reps. Briscoe Cain, R-Deer Park, and Kyle Biedermann, R-Fredericksburg, told Breitbart, a conservative news publication, they plan to file legislation that would cover costs to “design, test, construct, and install physical barriers, roads, and technology along the international land border between the State of Texas and Mexico to prevent illegal crossings in all areas.”

Texans and Texas-owned companies would be given preference on all bids and contracts, the publication reported.

“If Congress refuses to keep Americans safe, then Texas will answer the call,” Cain said in a statement. “Our office is receiving many calls in support of this effort. We’ve even received calls from citizens of other states offering to help fund the wall.”

[…]

Texas now spends about $400 million a year on border security. Texas Gov. Greg Abbott suggested that lawmakers will renew that commitment over the next two years. The proposal from Cain and Biedermann would spend $2.5 billion by Aug. 31, according to Breitbart.

You know, I’m old enough to remember when this was known as the Economic Stabilization Fund. I’m also old enough to remember what its original intent was:

Texans approved a constitutional amendment creating the ESF in 1988, following an oil price plunge and economic recession that forced lawmakers to raise taxes to keep state government in the black. The Legislature structured the fund to automatically set aside some tax revenues in boom years to help the state during downturns.

It actually worked that way for awhile, too. Then Rick Perry came along and used the cover of the 2011 budget deficit to declare that the ESF was actually a fund for helping the state cope with natural disasters, and not to be used to avoid the deep and damaging cuts to things like public education and Medicaid that happened during that session. That change by executive fiat, along with the popular moniker of “The Rainy Day Fund” led to many people demanding its use in the aftermath of Hurricane Harvey, which Greg Abbott refused. It’s still not clear what the state will do to help further the recovery from Harvey, but tapping into the ESF in a time of need for one-time expenditures is at least within hailing distance of its original purpose. The Cain/Biederman exercise in pants-wetting and xenophobia, on the other hand, is not. I’m glad we had the chance to have this little conversation. The Observer has more.

The first targets for 2020

We’ve already agreed that the 2020 election season has begun, so a little attack advertising over the shutdown seems like a good play

Mike Siegel

National Democrats have five Texas Republican congressmen in their crosshairs as they begin the 2020 election cycle looking to build on their gains here in November.

As part of its first digital ad campaign of the cycle, the Democratic Congressional Campaign Committee is targeting U.S. Reps. Michael McCaul of Austin, Chip Roy of Austin, Pete Olson of Sugar Land, Kenny Marchant of Coppell and John Carter of Round Rock. They are among 25 GOP House members across the country included in the ad offensive, which the DCCC announced Friday.

The ads criticize the lawmakers for voting against recent Democratic-backed legislation to end the government shutdown without funding for a border wall — a demand by President Donald Trump that prompted the closure. The ads, which come on the day that federal workers will miss their second paycheck under the shutdown, feature an image of a helicopter rescue mission over the water, accompanied by text reading, “The Coast Guard, Border Patrol, & [Transportation Security Administration] just missed another paycheck thanks to” the targeted member of Congress.

Good thing they got this out as quickly as they did, eh? I put Mike Siegel in there for the featured image because he’s already announced his candidacy for 2020. Doesn’t mean he’ll be the nominee, of course, but he’s in the running. I am of course delighted to see CD24, which some people think might wind up being an open seat, among the targets. As for CD23 and Will Hurd, he gets a pass this time around because he has been (wisely) critical of The Wall and has voted for reopening the government. He’ll be targeted another time; as the story notes, Gina Ortiz Jones is saying she wants to run again. All of this is one reason why one of my criteria for supporting a Democratic Presidential nominee is their level of commitment to competing in Texas next year. There’s more than just our plentiful electoral votes at stake.

What if he does it anyway?

That’s my question.

Gov. Greg Abbott, the state’s two Republican U.S. senators and a bipartisan group of 20 U.S. House members released a letter stating their staunch opposition to raiding Texas’ hard-fought Harvey money.

“Recent reports have indicated that your administration is considering the use of U.S. Army Corps of Engineers funds, appropriated by Congress and intended for Hurricane Harvey recovery and mitigation efforts, in an effort to secure our southern border,” they wrote. “We strongly support securing the border with additional federal resources including tactical infrastructure, technology, ports of entry improvements and personnel. However, we are strongly opposed to using funds appropriated by Congress for disaster relief and mitigation for Texas for any unintended purpose.”

Congressional signatories included nine lawmakers from the Houston metropolitan region: Republican U.S. Reps. Brian Babin, Kevin Brady, Dan Crenshaw, Michael McCaul, Pete Olson and Randy Weber; and Democratic U.S. Reps. Sylvia Garcia, Lizzie Fletcher and Sheila Jackson Lee.

Texans from other regions also signed on: Republican U.S. Reps. John Carter of Round Rock, Mike Conaway of Midland, Bill Flores of Bryan, Lance Gooden of Terrell, Kay Granger of Fort Worth, Will Hurd of Helotes, Kenny Marchant of Coppell and Roger Williams of Austin; and Democratic U.S. Reps. Henry Cuellar of Laredo, Vicente Gonzalez of McAllen and Filemon Vela of Brownsville

See here for the background. That certainly is a letter. Nicely typed, good sentence structure, no spelling errors as far as I could tell. Now what happens if and when Donald Trump goes ahead and declares an emergency and tries to tap into these funds anyway, because Ann Coulter and Rush Limbaugh called him mean names again? What are you, Greg Abbott, and you, John Cornyn and Ted Cruz, and you, Republican members of Congress, going to do then? We wouldn’t be here in the first place if Donald Trump were a rational actor. He’s gonna do what he’s gonna do. What are those of you who enable him at every step going to do when that happens?

It’s always possible to make a border wall proposal stupider

Here’s Exhibit A.

An emergency Trump administration plan to tap storm protection funds to pay for a border wall was slammed Friday by Houston lawmakers who said it could endanger the city’s recovery from Hurricane Harvey and jeopardize the region’s preparedness for future storms.

While details of the proposal remained unclear, lawmakers in both parties scrambled to win assurances from the White House and allay concerns about projects in the Gulf Region, including a proposed coastal barrier to protect Galveston Bay and the Houston Ship Channel.

Reports that President Donald Trump has been briefed on a plan to use unspent money from Army Corps of Engineers projects heightened tensions in Congress about his threat to use emergency powers to build hundreds of miles of barriers along the U.S.-Mexico border, much of it in the Rio Grande Valley.

The controversy also highlighted long-standing concerns about the slow pace at which Washington has released emergency disaster funds to Texas since Hurricane Harvey in 2017.

I wonder if this is what Trump meant when he said that Dan Patrick had offered to help pay for the wall? Maybe someone should ask him. There’s too much mendacity and stupidity here to waste time analyzing this, though my friend Amy Patrick took a crack at it from an engineering perspective. Not that any of this really matters, since Trump changes his mind every five minutes about what he does and doesn’t want. It does serve as a good distraction from the reporting that Trump is an asset of Russian intelligence, so there’s that. Happy Monday, everyone.

Julian 2020?

He has raised the possibility.

Julian Castro

Texas Democrat Julian Castro confirmed Sunday he is seriously considering running for president in 2020 and former state Sen. Wendy Davis left open the possibility she will take another run at running for governor in 2018.

“I might,” Castro told more than 350 people at a political conference near the University of Texas on Sunday morning. Davis’ comments came at the same event.

Castro, the secretary of the U.S. Department of Housing and Urban Development under President Barack Obama, said the country needs a very different president than what is in office now and he will spend 2018 weighing a bid. He said the country needs someone “fundamentally honest” in the White House.

“We’ve had too much lying out of the White House,” Castro said.

Well, it’s hard to argue with that. There has been talk of Julian Castro running for President in 2020 – it’s even had an effect on Joaquin Castro’s consideration of running for Governor this year. I’ve no doubt that Julian Castro has been thinking about running since approximately November 9 of last year. It’s mostly a question of how he goes about it. I’ll be happy to see Julian run and will give strong consideration to supporting him, but for now all I care about is 2018.

Speaking of 2018, from the same story:

At the same event, Davis meanwhile left open the possibility that she will be running for governor again in 2020.

The former state senator from Fort Worth said although she was defeated in 2014 by Gov. Greg Abbott, it was before voters knew how far right he would go in supporting legislation like SB 4, which she called the “show me your papers” law that threatens every citizen with brown skin. Supporters of SB 4 have said the legislation was to outlaw so-called sanctuary cities and allow local law enforcement to check the immigration status of people they pull over.

Davis made clear she’s only considering it largely because other Democrats have failed to step forward to run.

“Because no one else is stepping forward,” Davis said when asked by moderator Evan Smith of The Texas Tribune why she was not ruling it out.

I love Wendy Davis. I don’t know how many other Democrats love her at this point. It’s a hard thing, losing an election like she did. This story came out before Dallas County Sheriff Lupe Valdez put her name out there, and I think it’s safe to say that if Valdez gets in, Davis will not. But she’s there, maybe, just in case.

One of the other brand-name candidates who is at least thinking about “stepping forward” is Andrew White, who as this Trib story about the same event notes was criticized by Davis fr being anti-choice. White has since updated his website to address some issues; he says “Roe v Wade is the law of the land, and I respect the law” in the Women’s Health section, which doesn’t tell us very much about what sort of bills he would sign or veto if he were to be elected. You can see what he has for yourself – I’m more concerned about his Border Security position, which doesn’t make any sense to me. Filing begins this weekend, so one way or another we’ll begin to get some clarity.

Butterflies versus the wall

Go, butterflies!

The National Butterfly Center in South Texas sent a certified letter to the Department of Homeland Security (DHS) Wednesday stating its intent to sue over the construction of a border wall on its private property.

In July, Marianna Trevino-Wright, executive director of the center, discovered private contractors working for U.S. Customs and Border Protection (CBP) using chainsaws on protected habitat and widening a roadway on the center’s property to make way for the wall.

The letter alleges this is a violation of the center’s private property rights. Though exceptions exist for government workers maintaining levees for flood control, the National Butterfly Center’s attorney says the “conduct is outside the scope” of those permissions. “The express purpose of this entry and destruction is to enable the construction of a border wall,” the letter reads.

“This is a much bigger issue than the National Butterfly Center,” Jeffrey Glassberg, president of the nonprofit, told the Observer in August. “There’s a procedure the government could follow with due process. But they’ve decided — like with so much else — to just ignore the law, trampling on private property rights. The complete disrespect for the legalities of this country is something that ought to concern every American regardless of how they feel about a border wall.”

You can see a copy of the letter at the link. We didn’t need this reason to oppose the wall, but we’ll take it.

Texas Lyceum poll on immigration

Our state has more nuanced views than you might think.

The pollsters found that 62 percent of Texans said immigration helps the United States more than it hurts the country. That’s an increase from 2016, when 54 percent of the respondents said they viewed immigration was more beneficial than harmful.

The pollsters defined “sanctuary” entities as those in which “local police or city government employees learn that someone is in the country illegally, they do not automatically turn that person over to federal immigration enforcement officers.”

Forty-five percent of the respondents supported sanctuary policies while 49 percent opposed them. That came as 93 percent of all respondents said local police should be able to inquire into a person’s immigration status when arrested for a crime.

The results suggest most Texans would likely support “sanctuary” legislation currently moving through the Texas House, which would limits inquiries into immigration status from local law enforcement to people who have already been arrested.

Proposed legislation that passed the Senate earlier this year permits local police ask about immigration status if a person is either arrested or detained by law enforcement for other reasons.

The Lyceum poll found deeper divisions among Texans when asked if inquiries by law enforcement into immigration status should be allowed for people who aren’t arrested. Only 44 percent agree that police should check a person’s status during a traffic stop, while 41 percent agreed that immigration status should be checked when a person is reporting a crime. Only 39 percent said that status should be checked when the police believe that a person is a witness to a crime or could provide information.

[…]

Half of the respondents were asked if the state should stay the current course with President Trump in the White House, while the other half was asked about state expenditures with Republicans in charge of the U.S. Congress. Under both conditions, most of the respondents with an opinion on the issue – 45 percent of those questioned about Trump and 41 percent questioned about Congress – agreed the state should keep spending largely on the border.

“This indicates that, overall, Texans are expressing a greater expectation that the President will deliver on border security and/or immigration enforcement than Republicans in Congress, but there is no outcry to decrease the amount of money Texas spends securing its borders,” poll supervisors wrote in their summary.

When asked about President Trump’s plan to build a wall on the southern border, only about a third, or 35 percent, favored a barrier separating Texas from Mexico. Sixty-one percent opposed the project. The numbers are almost identical to the poll’s results from 2016 when 35 percent favored building the wall and 59 percent opposed such a project. This year, however the percentage of respondents who identified as Hispanic that supported construction of the wall rose from 18 percent in 2016 to 25 percent.

The survey also found that nearly two-thirds of respondents, or 63 percent, strongly supported a pathway to citizenship for undocumented immigrants after a long waiting period if the applicants paid taxes and a penalty, passed a criminal background check and learned English. Twenty-seven of the respondents somewhat supported that idea while 4% somewhat opposed and 5% strongly opposed.

Here are the Day One press release – it’s “Day One” because the Lyceum has a second round of polling numbers coming out today – and Executive Summary. I want to quibble with the pollsters’ interpretation of the border spending question, for which the wording was “With [Donald Trump in the White House] / [Republicans in control of Congress], should the Texas Legislature continue funding border security operations in Texas at the same levels as before, increase funding for border security operations, or decrease funding for border security operations?” For one thing, it would be perfectly rational for someone who thinks Trump and Congress will shower the state in border money to want the state to spend less, and by the same token someone who thinks that Trump and Congress won’t come through might want the Lege to keep their spending up just in case. I agree that the result shows a greater preference for a continued high level of state spending, I just don’t see a connection to the federal level. There wasn’t a similar question asked in the 2016 or 2015 Lyceum polls, so there’s no basis for a direct comparison.

The bottom line here is that there’s at best modest support for “sanctuary cities”, with majority opposition to police asking about people’s immigration status in situations other than making a criminal arrest, there’s majority opposition to the Trump wall, majority support for in-state tuition for DREAMers, majority opposition to widespread deportations, and near-unanimous support for giving immigrants a pathway to citizenship. It’s not all good news for the progressive side of the debate, but it’s a lot closer to that than to the maximalist anti-immigration position. It’s up to all of us who support better immigration policies to advocate for them, because there’s more support out there for them than you might think. Tomorrow I’ll post about the second part of the Lyceum poll, which among other things will have your first glance at Senate 2018 numbers. The Chron has more.

Border walls are bad for the environment

Not that anyone pushing for a border wall cares, but just so you know.

There’s been a lot of debate about how effective the Bush-era barrier has been at keeping out illegal crossers and drug smugglers. Some data indicates the barriers have encouraged people to cross in places where there isn’t one. But the handprints show that a determined person can still easily scale it.

What the border fence has kept out instead, according to environmentalists, scientists and local officials, is wildlife. And the people who have spent decades acquiring and restoring border habitat say that if President Donald Trump makes good on his promise to turn the border fence into a continuous, 40-foot concrete wall, the situation for wildlife along the border — one of the most biodiverse areas in North America — will only get worse.

Right now, a mix of vehicle barriers and pedestrian fencing covers only about one-third of the nearly 2,000-mile U.S.-Mexico border. Even with all those gaps, experts say the barriers have made it harder for animals to find food, water and mates. Many of them, like jaguars, gray wolves and ocelots, are already endangered.

Aaron Flesch, a biologist at the University of Arizona, said most border animals are already squeezed into small, fragmented patches of habitat.

“If you just go and you cut movements off,” he said, “you can potentially destabilize these entire networks of population.”

Still, the impacts of the border fence on wildlife aren’t totally understood. That’s in large part because Congress let the U.S. Department of Homeland Security ignore all the environmental laws that would’ve required the agency to fully study how the barrier would affect wildlife.

Flesch and other scientists say the federal government also has made almost no research money available to support independent studies. Most of the studies that have been done are limited in scope, but their findings are pretty clear: Impeding animal movements puts them on a faster path to extinction.

Environmentalists and conservation groups say the border fence also has compromised the federal government’s own efforts to protect those vulnerable species, pitting the U.S. Department of Homeland Security against the U.S. Fish and Wildlife Service. The latter agency bought large tracts of land along the border decades ago and turned them into national wildlife refuges.

It’s a long story, so click over to read it, and see also the border fence slideshow that accompanies it. But just reading those few paragraphs above, we all know there’s literally nothing here that would deter Dear Leader or any of the fervent wall zealots. What do they care about a bunch of stupid animals, or the scientists who say we’re hurting them? There are some fights you can win by being right and having the evidence on your side. This isn’t one of them.

The coming legislative border battle

Here we go again.

House Republicans on Wednesday said they aren’t backing away from recent efforts to secure the southern border despite an incoming president who made beefed-up immigration enforcement a hallmark of his campaign.

And as a final admonishment of President Obama, they said they intended to bill the federal government more than $2.8 billion for state spending on border security since January 2013. The amount includes a combination of expenses incurred by the Department of Public Safety ($1.4 billion), Texas Parks and Wildlife ($20.2 million), Texas Military Forces ($62.9 million), Texas Health and Human Services ($416.8 million), the Texas Education Agency ($181.1 million) and the Texas Alcoholic Beverage Commission ($671,000), according to House Republicans. Another $723.8 million has been spent by local and state governments related to incarceration, they said.

“We understand the principles of federalism, and while we surely don’t want the federal government meddling in our schools and deciding our environmental policies or setting our health care policies, we sure as heck want them doing their limited duties, which are: enforcing the border, standing up for a strong military and delivering the mail,” said state Rep. Dennis Bonnen, R-Angleton.

Two years ago, Bonnen was the author of House Bill 11, an omnibus border security measure that increased by 250 the number of Texas Department of Public Safety officers on the border. The legislation was part of the record $800 million lawmakers appropriated for border security during that legislative session.

Lawmakers learned earlier this week they will have billions of dollars less in state revenue to work with this year as they craft the next biennial budget, even as the Department of Public Safety has said it would ask lawmakers for an additional $1 billion for border security. Bonnen said he hadn’t yet reviewed the request.

Although they said they had high hopes that President-elect Trump would fulfill his promise to secure the border and let Texas off the hook, House Republicans reiterated that lawmakers will need to wait and see what the incoming administration does and how soon it acts on border security before making a decision on future expenditures.

“We’ll have to see, [but] I think the Trump administration has made clear that they intend from day one, starting next Friday, to get to work on this issue,” Bonnen said, citing the day of Trump’s scheduled inauguration.

State Rep. Tan Parker, R-Flower Mound, the chairman of the House Republican Caucus, left the door open to Texas lawmakers approving more funding for state-based border security efforts if necessary.

“Republicans in the Texas House are absolutely committed to continuous border security — be it from the state of Texas and what we’ve been doing all these years or from our federal government,” he said.

Part of Trump’s proposed solution includes building a wall along parts of the southern border. When asked what he would tell a Texas landowner whose property could be seized by the federal government for that effort, Bonnen said: “My response would be whatever we need to do to make our border secure and controlled by the federal government.”

If you’re going to pass the buck, as it were, why not skip the middleman and send the invoice straight to Mexico? It’s what Trump (says he) would do, and it has about the same odds of getting paid. It’s a stunt, so make it as stunt-y as you can. As for the claims that Dear Leader Trump will spend more money on “border security”, thus enabling the state to spend less, who knows? It’s a bad idea in general to believe a word the guy says, but there is certainly enthusiasm in Congress to spend money on it, so I won’t be surprised if it happens. Note that whether or not it does happen, legislative Republicans plan to spend more on it as well, which highlights again the sham nature of their “invoice” for what they (quite happily) spent in the last session. As Rep. Cesar Blanco says in the story, they all have primaries to win. Look for even more speeding tickets to get written in the area.

The Observer highlights the resistance.

Legislators and advocates on Wednesday announced Texas Together — a new effort that aims to resist anti-immigrant proposals in the Texas Legislature, including those that would revoke funding from so-called sanctuary cities and repeal in-state tuition for undocumented students. The campaign is an initiative of the Reform Immigration for Texas Alliance, a coalition of immigrant advocates and activists from across the state.

“We are here to stand against the attempt to put anti-immigrant rhetoric into bills,” said state Senator Jose Rodriguez, D-El Paso, at a Capitol press conference Wednesday. “We oppose these politics that have become poisoned with misinformation about immigrants and border life.”

[…]

Captain Shelly Knight of the Dallas Sheriff’s Office said Wednesday that SB 4 would strain law enforcement budgets and damage trust between communities and officers.

“All of that [trust] we’ve built up will be gone,” Knight said. “So therefore they won’t come and report violent crimes, such as family violence.”

Stand and fight, y’all. The Republicans are going to pass whatever they’re going to pass. Don’t give them any help on this.

Rep. Filemon Vela has a few words for Donald Trump

Well, all righty then.

Rep. Filemon Vela

U.S. Rep. Filemon Vela took a poison pen to the Republican presumptive presidential nominee, Donald Trump, in an open letter Monday morning.

“Mr. Trump, you’re a racist and you can take your border wall and shove it up your ass,” the Brownsville Democrat wrote in a lengthy missive to the real estate magnate.

Vela notes in the letter that he agreed with Trump on some policies, like improving veterans care, addressing Mexican drug cartels and deporting criminal felons who are in the country illegally. But then he savages Trump for his rhetoric on those of Mexican descent and his promise to build a wall on the southern U.S. border.

“While you would build more and bigger walls on the U.S.-Mexico border, I would tear the existing wall to pieces,” Vela wrote. “Why any modern-thinking person would ever believe that building a wall along the border of a neighboring country, which is both our ally and one of our largest trading partners, is frankly astounding and asinine.”

He goes on from there. You can see the full text the letter at the bottom of this Trail Blazers post. The final paragraph is delightful:

I would like to end this letter in a more diplomatic fashion, but I think that you, of all people, understand why I cannot. I will not presume to speak on behalf of every American of Mexican descent, for every undocumented worker born in Mexico who is contributing to our country every day or, for that matter, every decent citizen in Mexico. But, I am sure that many of these individuals would agree with me when I say: ‘Mr. Trump, you’re a racist and you can take your border wall and shove it up your ass.’

What he said. I look forward to the inevitable cries of “incivility” and “vulgarity” by the professional pearl-clutchers, who might actually injure themselves if they try to equate Vela and Trump. Well said, Rep. Vela.

Is immigration reform likely to happen now?

With President Obama’s victory powered in part by overwhelming support from Latino voters, and a dawning if grudging recognition from the GOP that they can’t continue to alienate this growing segment of the electorate, some kind of deal on immigration reform seems increasingly likely. I still have my doubts, however.

Prominent voices in both parties say immigration was the issue that pushed Hispanic voters away from former Massachusetts Gov. Mitt Romney, and that coming to the middle on the sticky subject is important to winning their support.

“It’s not the main issue with Latinos, but it is the core issue that allows a candidate to either be friendly or unfriendly to the Latino population as a whole,” said Lionel Sosa, a San Antonio Republican consultant who has worked on a number of high-profile campaigns, including Arizona Sen. John McCain’s 2008 presidential bid and the campaigns of George H.W. Bush and George W. Bush.

Latinos’ top issues tend to be things like education, jobs and opportunity, Sosa said.

“If you have a strident, tough immigration policy that seems unfriendly, then it’s very hard to get Latinos to listen to you about anything else,” he said. “If you’re saying that young Latinos who lived here most of their lives … cannot stay, then you are saying, ‘Latino, I don’t really want you around.’”

Obama’s decision to grant temporary work permits to hundreds of thousands of young immigrants in the country illegally, a program announced this summer called Deferred Action for Childhood Arrivals, helped make up for his broken promise to pass comprehensive immigration reform, Sosa said.

That position was bolstered this week when Lake Research Partners and the Tarrance Group released a poll that found 77 percent of Latino voters support deferred action.

[…]

The election results apparently have emboldened Democrats. On Wednesday, Obama predicted an immigration overhaul will happen in his second term.

Not all Republicans are convinced. In a statement this week, House Judiciary Chairman Lamar Smith, R-San Antonio, downplayed the importance of immigration to Hispanic voters.

“The issues of primary importance to Hispanic voters are the economy and jobs,” he said. “The Republican Party needs to make inroads with Hispanic voters by emphasizing our shared interests in job creation and economic growth.

“Hispanics should be treated as the patriotic, values-oriented, and family-minded Americans that they are.”

And Lord knows, if there’s anyone who knows how to treat Hispanics respectfully it’s Lamar Smith, am I right? The reason to be skeptical of anything happening on this front is because there’s still a lot of Lamar Smiths in the GOP, and they’re not interesting in making a deal. Sure, I could be wrong about this, but I’ll believe there’s a reasonable compromised to be reached when I see it.

The good news for Republicans come in the form of rising Hispanic stars like Texas’ Sen.-elect Ted Cruz, who didn’t respond to a request for comment, and George P. Bush, a nephew of former President George W. Bush who’s said to be considering a run for land commissioner, Sosa said.

Cruz “is our best hope for turning it around, and it’s really primarily up to him in Texas,” Sosa said. “If he carries the banner for fair immigration policies, he could be the leader.”

Um, Lionel? Cruz advocates building a border wall and opposes the DREAM Act, any pathway to citizenship, and the President’s deferred action policy. I hate to tell you this, Lionel, but on matters of immigration Ted Cruz is the problem, not the solution.

There is now a Republican alternative to the DREAM Act out there, but it falls short of the original in some key areas.

According to the Daily Caller, the version would include several steps including applying first for a W-1 visa status, which would allow undocumented youth to attend college or serve in the military. Afterwards, they would be eligible to apply for a four-year non-immigrant work visa dubbed the W-2 visa.

In the next step, they would apply for a permanent visa known as W-3 visa status. As a final resolution, after an undeclared number of years, citizenship “could follow.”

For some DREAM Act advocates, a version that doesn’t offer a pathway to citizenship is a deal breaker.

“As undocumented youth, we will not take anything less than a direct path to citizenship. This is the country we call home and we will assert this position as we move forward,” according to a statement released by Cesar Vargas of the DREAM Action Coalition.

The alternative version would allow undocumented youth to apply if they entered the United States before the age of 14 and no older than 28. It would also require them to attend college or join the military, show good moral standing and keep a felony-free criminal record. That includes no more than one misdemeanor with jail time of more than 30 days.

Yet, Vargas noted in his statement several glitches. He noted that for Dreamers who are interested in serving the country, “the W-1 status does not currently let someone join the military voluntarily, so unless they also amend 10 U.S.C § 504 to allow such persons to enlist, the ACHIEVE Act won’t help much.”

Without a pathway to citizenship, the problem isn’t solved. A bill that leaves the status of millions of people unresolved is not a solution. But at least now there’s a starting point for negotiation, which is more than we’ve had the past couple of years.

This issue should be front and center until a real reform bill gets passed. It doesn’t matter to me if people like Lamar Smith and Ted Cruz see the light and become part of the solution or keep digging their heels in and get run over by reality, as long as the problem gets solved in a humane, compassionate, and forward-thinking fashion. And here’s a reminder from the Spanish-language media that there’s still more to this issue than what’s currently on the table.

A Nov. 8 editorial in Philadelphia’s Spanish-language newspaper Al Día, for example, looks at the limits of the Obama administration’s achievements, from health care to deferred action.

Al Día’s post-election editorial questions “why undocumented immigrants have been wholly precluded from purchasing — with their own money — coverage from insurers in your plan … Further, we wonder why undocumented young adults who are granted deferred action will not be given the ability to purchase health insurance from ACA pools either.”

Have you ever wondered why the Affordable Care Act will still leave millions of people without access to health insurance? It’s because undocumented immigrants and their children were deliberately left out of it. I really don’t expect that problem to be solved at this time, but until it is we can’t truly say we have accomplished immigration reform.

Bye-bye, border fence

Long overdue.

The Obama administration on Friday canceled the long-troubled, high-tech invisible fence project along the U.S.-Mexico border, ending a five-year, $1 billion pilot program that President George W. Bush envisioned as stretching along most of the 1,969-mile border.

Homeland Security Secretary Janet Napolitano briefed key members of Congress on the decision, which she telegraphed months ago by ordering a yearlong review of the project.

She said technology gleaned from the 53-mile project in Arizona will be used to continue developing a high-tech border security network that relies on agents from the U.S. Border Patrol, some 700 miles of pedestrian and vehicle fencing and aerial surveillance by unmanned drones.

“There is no ‘one-size-fits-all’ solution to meet our border technology needs, and this new strategy is tailored to the unique needs of each border region, providing faster deployment of technology, better coverage, and a more effective balance between cost and capability,” Napolitano said.

What is also long overdue is a comprehensive review of the effectiveness of current immigration policies, including enforcement efforts, to be followed by an actual bill to do the reform that everyone says they want. Everyone knows that the current system is broken. It’s way past time to fix it. And when that effort is inevitably met by fierce resistance from the xenophobic wing of the Republican Party, at least we’ll all know for sure who stands for what.

Bye bye, border fence funds

Good riddance.

A provision to build an additional 300 miles of pedestrian fence along the U.S.-Mexico border has been stripped out of a $42.8 billion spending bill for the Department of Homeland Security.

The provision by Sen. Jim DeMint, R-S.C., was removed at the behest of House members from Texas, Arizona and California who called the fencing a waste of taxpayer money and an ineffective way to secure the border.

“We need to invest and secure our border and our land ports without being tied down to an amendment that is out of touch with border needs,” said Rep. Henry Cuellar, D-Laredo, who spearheaded the effort to remove the provision DeMint tucked into a Senate spending bill earlier this year.

I’m not the biggest fan of Rep. Cuellar, but this is exactly the sort of thing I’d hoped he do once the Democrats got in the majority. Good on him, and on Rep. Ciro Rodriguez, for listening to their constituents.