Attorneys from the American Civil Liberties Union in Texas sent letters Thursday to county judges whose regions are a part of the governor’s border disaster declaration — including those in the Rio Grande Valley — to “advise against local law enforcement participation in Abbott’s unilateral efforts to set federal immigration policy.”
The governor signed a proclamation citing the rise in migration along the U.S.-Mexico border in Texas as reason to declare a state of disaster in 34 counties on May 31.
Abbott later laid out specific plans instructing Texas Department of Public Safety troopers to charge and arrest migrants who cross the border and trespass or damage private property along the way. The charges could lead to a six-month incarceration at county and state jails.
“Such actions will prevent immigrants from exercising their right to seek protection in the United States and will likely increase the use of racial profiling,” the letter sent to county judges and sheriffs read in part.
The ACLU of Texas interprets the governor’s actions as an attempt to enforce federal laws, a matter that’s been disputed and decided by the U.S. Supreme Court and the U.S. Court of Appeals for the Fifth Circuit.
State law enforcement officers are allowed to participate in task forces with federal officers or provide operational support during the execution of warrants.
“However, state and local officers are not permitted to act unilaterally ‘to arrest an individual whom they believe to be not lawfully present,’ because to do so ‘would allow the state to achieve its own immigration policy and could be unnecessary harassment of some [noncitizens] whom federal officials determine should not be removed,’” the letter added.
The seven-page letter cited laws and previous cases to inform counties of the legal basis which can be referenced to avoid participation. But it also issued a clear message.
“If your locality participates in Governor Abbott’s unilateral efforts to set federal immigration policy and enforce federal immigration law, you will be in violation of the Constitution and federal law,” it read.
The ACLU of Texas requested records from all 34 counties spanning the disaster declaration, and documents showing participation or collaboration with DPS’ Operation Lone Star, including arrests, citations and prosecutions.
Though the letter was to provide legal guidance and request documentation, the ACLU of Texas also offered advice.
“If your locality stays out of immigration enforcement, it sends a message to immigrants that federal immigration enforcement is separate from local matters in your locality. This helps ensure that people from immigrant communities will feel comfortable communicating with local law enforcement and other local officials about public safety and other community issues,” the letter read.
