Dems urge feds to probe state border policy
Lawmakers: Texas’ program to arrest migrants is unlawful
WASHINGTON — A group of more than two dozen House Democrats, led by U.S. Rep. Joaquin Castro of San Antonio, is urging the U.S. Department of Justice to investigate Gov. Greg Abbott’s move to have the state arrest migrants, which they say is “wreaking havoc on Texas’ judicial system” as hundreds of migrants sit in jails for weeks or months on end, mostly on minor trespassing charges.
The Democrats argue Abbott’s Operation Lone Star program is unconstitutional, and they want the DOJ to investigate treatment of migrants arrested in the program, which has sent thousands of Department of Public Safety troopers and Texas National Guard soldiers to the border amid a record surge in migration.
A judge last month ordered the release of more than 240 migrants after local prosecutors, overwhelmed by an influx of detained migrants, failed to bring charges as they sat in cells for weeks, an apparent violation of state law.
“These operations have continued to militarize Texas’ border communities and interfered with the federal immigration system, likely violating the Supremacy Clause of the Constitution,” the Democrats wrote in a letter to Attorney General Merrick Garland and Homeland Security Secretary Alejandro Mayorkas on Friday. “Even more egregiously, these programs have directly led to a violation of state laws and constitutional due process rights.”
Texas has passed multiple state statute deadlines to file charges against migrants they’ve arrested, leaving nearly 1,000 of them sitting in prisons for “weeks
and sometimes over a month,” the Democrats wrote. They also say there have been delays in appointing attorneys for migrants and instances of migrants unknowingly filling out documents they could not read to waive their right to counsel.
A spokeswoman for Abbott said in a statement that “until President Biden and his administration do their job to enforce the laws of our nation and protect Americans, the State of Texas will continue stepping up to secure our border and protect our communities.”
“Texans deserve to have the rule of law enforced on the Texas border, and that is exactly what Governor Abbott is doing,” spokeswoman Renae Eze said.
Abbott’s unprecedented step of jailing migrants who cross the border on state charges has further cemented Texas as a flashpoint in the national immigration debate. Republicans from across the nation have supported the move, sending token numbers of troops to help as public polls show President Joe Biden’s response to the problem could be a major liability in the 2022 midterm elections.
Meanwhile, a growing caravan with as many as 4,000 migrants is now moving through Mexico toward Texas.
The Democrats’ letter follows remarks from U.S. Border Patrol Chief Raul Ortiz earlier this month calling Abbott’s initiative “a tremendous concern.” He said in an interview with Texas Monthly that it has slowed the process of returning migrants to their home countries.
Biden says he is rebuilding an immigration system left in tatters by the Trump administration. Nevertheless, Biden has continued to expel many migrants immediately under a public health order then-President Donald Trump issued last year. Biden has worked to ramp up the asylum system and says he is focused on addressing root causes of migration, including asking Congress for $4 billion in aid for the Central American countries the migrants are fleeing. He has also urged Congress to revamp the nation’s immigration laws, which is unlikely at best given the narrowly divided House and Senate.
In addition to an investigation by the Justice Department, the Democrats want the Department of Homeland Security to “provide clarity on the immigration process for individuals subjected to the Operation Lone Star program.” And they want DHS to provide migrants who enter federal custody after release from state custody with “timely and regular telephone access so that they can inform their loved ones and attorneys of their location.”
The operation has led to the arrest of at least 1,285 migrants on trespassing charges, out of more than 6,500 total arrests for smuggling, human trafficking and a handful of other state crimes since March, DPS Director Steve McCraw said recently. Those arrests have been almost entirely in Kinney and Val Verde counties. The misdemeanor prosecutor in Val Verde County has already dismissed dozens of cases after deciding the detained migrants are likely candidates for asylum, or that there was no probable cause to believe a crime had been committed.
Texas Democrats who signed the letter include U.S. Reps. Colin Allred of Dallas, Lloyd Doggett of Austin, Veronica Escobar of El Paso, Sylvia Garcia of Houston and Filemón Vela of Brownsville.