Tag Archives: lawsuit

Harris County Attorney Files Brief Against SB4

As was reported last week, the Republicans on the Harris County Commissioner’s Court may have chickened out of joining the SB4 lawsuit, in what may have been a pre-emptive move to avoid getting on Greg Abbott’s “list,” but it didn’t stop County Attorney Vince Ryan from submitting a brief to the federal court asking for a stop to any implementation of the racial profiling, anti-immigrant law.

Ryan makes the case that SB4 affects children his office represents.

The Harris County Attorney’s office, objects to the law for the following reasons:

The office represents the state Department of Family Protective Services in child protection cases, advocating for children’s best interests and the preservation of families — irreconcilable with the thrust of SB4, which is to “to cooperate in efforts which will lead tothe deportation of parents or kinship caregivers, the separation of families, and further trauma to children,” according to the brief.

Federal mandates require that assistance and benefits should be available to children and families “irrespective of their immigration status,” according to the brief. State law also directs that “the provision of the services necessary to give effect to children’s best interests are not conditioned on their, or their parents’, immigration status,” according to the brief.

Ryan states: “Any county attorney who declines to engage with assisting in the enforcement of immigration laws or discourages colleagues from doing so in order to advocate for the best interest of the child and promote family unification — as child welfare laws mandate — would not be “providing enforcement assistance” and would be “adopt[ing], enforce[ing], or endors[ing] a policy” or engaging in a “pattern or practice” that “materially limits the enforcement of immigration laws.””

Children of parents or family members who have been deported will be placed in an overburdened and potentially harmful foster care system.

Immigrant communities will fear cooperation and will not report abuse or neglect or provide information to authorities seeking to protect children.

SB4 will leave a huge swath of the community affected in one way or another. Whether one sees it as a legalized racial profiling law that targets anyone of color to be asked their immigration status, or a license for local cops to shirk their crime-fighting duties in favor doing some immigrant hunting, or in the case of the County Attorney, a law that will affect children caught up in their own brand of hell, it’s just a bad law.

“S.B. 4 will do irreparable damage to this State’s child welfare process, place county attorneys charged with representing DFPS in an irreconcilable conflict, and do further trauma to children who have been placed in the State’s care. Further, there is no legitimate state purpose in treating children who have an unauthorized immigrant parent or other potential care giver differently in child welfare cases,” states Ryan’s brief, which was filed this month in federal court.

In other news, the City of Laredo has joined the SB4 lawsuit. In fact, their City Council voted unanimously to join it. Now, that’s what I call a “welcoming city.”

 

 

 

 

Advertisements

Local TX House Delegation Asks Harris Co to Join SB4 Lawsuit

A group of Houston Texas House members has penned a letter to the Harris County Commissioner’s Court requesting they join the lawsuit challenging the constitutionality of SB4–the “Show Me Your Papers” racial profiling law signed by Greg Abbott.

Texas House members include:  Alma Allen, Carol Alvarado, Garnet Coleman, Harold Dutton, Jessica Farrar, Ana Hernandez, Jarvis Johnson, Mary Ann Perez, Ron Reynolds, Shawn Thierry, Senfronia Thompson, Hubert Vo, Armando Walle, and Gene Wu.

Pointing to various constitutional flaws in the law, the group also made a case for the lawsuit citing the law’s threat to public safety:

With the fifth largest foreign born population in the country, Harris County is especially at risk. All people in the community must feel safe and free to report crime and call law enforcement when necessary, without the fear of the same law enforcement asking for their papers. The provisions of SB4 will diminish trust and chill the reporting of crime, making our county less safe.

The letter further states the constitutional liability the county could face for unlawfully detaining individuals without warrant or probably cause.

Already, Houston, Dallas, San Antonio, Austin, and the tiny town of El Cenizo, along with Bexar, El Paso, and Maverick counties have joined the lawsuit. Efforts have increased to add more parties to the lawsuit, including Brownsville, Pasadena, and other Texas communities.

For the latest on the lawsuit, head over to MALDEF’s twitter feed for the latest arguments being made by the good guys and the bad guys at the federal court hearing in San Antonio.

Thanks to the office of State Representative Armando Walle for keeping us informed and for their work on these efforts. [copy of letter below]

Continue reading

Houston City Council Votes 10-6 to Join SB4 Lawsuit

Well, unsurprisingly, Houston City Council split on a resolution in support of joining the SB4 lawsuit. The vote was 10 to 6 in favor, with the six against being:  Kubosh, Martin, Travis, Knox, Stardig, and Le.

In breaking news, some of us are now looking for “welcoming” opponents and/or replacements for: Kubosh, Martin, Travis, Knox, Stardig, and Le.

The mayor chose to go the “democratic” route in allowing for discussion on a resolution. The resolution isn’t a permission slip, as much as it is a show of support from Council. Perhaps even a temperature-taking of the City Council for any other litigation against the state that may come up in the near future. I’m of the opinion that we went the democratic route in 2015 and made Mayor Turner the executive to make executive decisions.

OK, so it got done Mayor Turner’s way. I understand the political games politicians feel they must play. Meanwhile, MALDEF and other organizations have already been hard at work defending against Greg Abbott’s overreach and his Republican Party’s hateful nature.

With the coming Texas legislative special session, we can expect more overreach on bathrooms. Will Council need to vote on whether Abbott, Patrick and company need to be sued on this if it passes? As always, I’ll be on the side of human rights. When it’s the right thing to do, you just do it.

I do have a whole bunch of appreciation for CM Gallegos for leading on this, and I appreciate the support given by the others on Council. Kudos to Cesar Espinosa and FIEL and the other groups who were fighting from Day 1.

A hearing is scheduled for June 26 in which a federal judge in San Antonio will hear a preliminary injunction filed by the tiny city of El Cenizo, TX to stop SB4 from taking effect on September 1.

 

Wendy Davis’ Factual Ad About Greg Abbott

Fact:  Greg Abbott was in accident, sued, and made a bundle.

Fact:  Greg Abbott has ruled or opined against people in similar situations.

Fact:  Greg Abbott is all about limiting lawsuits, except his own.

Here’s a great ad from Wendy Davis on the two-faced nature of Greg Abbott.