HARLINGEN — More than 30 LUPE protesters stood outside of the Texas State Technical College Cultural Arts Center and loudly chanted “Education not deportation” while holding signs that read, “No more families torn apart” and “No hate.”
Inside the facility, the group’s protests couldn’t be heard.
There, Texas Attorney General Ken Paxton and about 150 local Harlingen Chamber of Commerce members and guests laughed, talked and lunched before Paxton stepped to the stage to speak about his job and the impact he says the state has made when it comes to preserving the United States Constitution and separation of powers.
Paxton talked yesterday about the 27 times Texas has sued the federal government during the past decade or so — mainly because of what he calls a breakdown in the separation of powers of the U.S. government.
He said making laws from the executive branch affects every state and states such as Texas are fighting back.
“Texas truly has, I believe, had a big impact the last decade of making sure we fundamentally stick to what our Founders put us in position for,” he said. “We have a government very different than other countries. We don’t have kings or dictators, we have a representative form of government.”
Preserving the Constitution is what his office’s main objective is regardless of whether you are in agreement with the law or not.
“What the bigger principal is, are we going to stick to this Constitution that protects all of our rights,” he said. “Once we lose the separation of powers, the First Amendment, Second Amendment, Fourth Amendment, we start whittling away our Constitutional rights.”
Although Paxton didn’t address the LUPE protesters, his director of communication, Marc Rylander, did shortly after the AG had left the event, stating they have every right to “express their voice” however they choose.
He said that is what the AG’s office defends every day.
“Anywhere we go, when we have people protesting, I joke they are our cheering section,” Rylander said. “Perhaps they are not cheering for us, but they are cheering for the very thing we care about and that is the Constitution. They have the right to protest and they should carry out that right peaceably as they feel necessary.”
Minutes earlier, Paxton talked about lawsuits against the federal government involving the Environmental Protection Agency, Department of Labor, the bathroom gender issue and immigration.
A total of 22 suits were filed against Barack Obama’s administration and five so far against Donald Trump’s administration. He said the suits are not predicated on party or even what the law is itself.
He said it is all about the state’s retaining its powers so the citizens still have a vote that matters.
“If we lose that, the fundamental structure, all power will reside in one place,” Paxton said. “Do we want a government with a king, because that is where we are headed.”
Paxton arrived in the Valley on Wednesday and was planning to visit other cities after he left Harlingen yesterday afternoon.
“It is always good to be with the people who make Texas great and the Valley is part of that,” Rylander said. “There is no exception to that. There are great people here and great businesses and we look forward to being back here.”
Amicus brief could make impact
Attorney General Ken Paxton never mentioned SB4 during his 25-minute speech to Harlingen Chamber of Commerce members.
However, that didn’t let off his communications director, who was peppered with questions about it after the AG left the building.
The “sanctuary city” law was signed by Gov. Greg Abbott in May and it gives authorities the right to question a detained person about their immigration and citizenship status. The law has come under attack as those who oppose it allege it has failed to properly define a “sanctuary city” and thus violates the Texas and U.S. constitutions.
“We are not here to create policy,” Marc Rylander said of the AG’s office. “It is the job of the AG to enforce and defend the Constitution and the laws of the state. Whether we agree or disagree, it is our job to defend the law.”
He would not answer questions as to the specifics regarding the legal defense of SB4.
He did say if Cameron County, which intends to join in a lawsuit with El Cenizo against SB4, files an amicus brief on SB4, the court will consider it.
An amicus brief is a legal document filed by nonlitigants who have a strong interest in the subject matter.
“They can have a tremendous effect,” Rylander said. “The judges will sometimes cite them when a decision is made. When people file these, they matter. We have filed them. It is a way for someone on the sidelines to get on the field and be heard by the court.”
In the end, he said it won’t affect the AG’s office, which simply defends the laws of the state of Texas.
