Tag Archives: sanctuary cities

Democratic Reaction to Passing of SB4

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These Lawbreakers First!

The Texas Senate passed the committee substitute to Senate Bill 4 on Tuesday night. The bill would stop funding state and local government entities who do not federalize themselves for immigrant hunting duties. As reported by Nacho Aguilar at the Texas Trib:

Senate Bill 4, filed by state Sen. Charles Perry, would punish local and state government entities and college campuses that refuse to cooperate with federal immigration officials or enforce immigration laws. Wednesday’s vote was 20-10 along party lines, with state Sen. José Rodríguez, D-El Paso, absent. Rodriguez was present a day earlier, when the Senate tentatively approved it on a 20-11 vote.

The bill would also punish local governments if their law enforcement agencies fail to honor requests, known as detainers, from federal Immigration and Customs Enforcement officers to hand over immigrants in custody for possible deportation. Entities in violation would be stripped of state grant funding and also be subject to civil fines. Department heads could also be subject to criminal prosecution if they violate the provisions of the bill. The bill doesn’t apply to victims of or witnesses to crimes, public schools or hospital districts.

Perry added some steroids to the bill.

Perry amended his bill Tuesday to add tough civil and criminal penalties for entities that don’t comply with the bill’s provisions. One amendment would make a department head whose agency violates the provisions of SB 4 subject to criminal prosecution in the form of a class A misdemeanor. Another added a provision that would subject the local agency to civil penalties, including a fine at least $1,000 for the first offense and $25,000 for each subsequent violation.

The bill now goes to the Texas House for consideration, amendments, etc. Hopefully, House Speaker Joe Straus doesn’t decide to waste state resources, including those to defend from legal challenges. One can hope, right?

Senate Democrats responded:

 

State Senator Jose Rodriguez of El Paso: “It is clear to me that this is not about public safety. It is about sending a message that immigrants, whether they are legal permanent residents waiting for citizenship, undocumented migrants seeking to join their families, or refugees looking for a chance at a better life, are not welcome.”

State Senator Borris Miles of Houston: “As a former police officer, I know that relationships with communities and police are essential to ensure public safety. I was proud to stand against this measure and vote no. Now, the bill will go to the Texas House of Representatives and I encourage my colleagues there to carefully consider the impact this bill would have on our communities and Texas.”

State Senator Kirk Watson of Austin:  “I love our state. But Texas has a sad, sinful, stained legacy of mistreating people who don’t look like me. This bill and this vote write another ugly chapter in that history.”

 

 

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The 84th Lege is Over!

Well, this time around, I didn’t get to blog much about Lege happenings. My compadres in the blogosphere did a lot of good writing and that was good enough for me.

The main bills I kept an eye on were targeted ones, like legalized racial profiling (sanctuary cities), a ban on in-state tuition for undocs, and, because I have family members who work in higher education, guns on college campuses. If Abbott signs the campus carry bill despite the amendment which allows University and college presidents to designate gun-free zones, then I’ll have gone two out of three. Not that that’s a good thing, considering the danger of allowing concealed guns on campus.

There were other victories that came in the form of dead bills–bills that either didn’t make the cut or were chubbed by Democrats, especially anti-LGBT bills. Of course, some of our favorite reps and senators passed bills that affected or impacted their respective districts. I’m sure the press releases will start trickling in.

One huge pile of waste is the almost one billion dollars that will go to Greg Abbott’s brand of border security through the use of an overburdened DPS. It’s already been proven a waste, but in order for gringo Republicans to feel the warm and fuzzies, I guess this needs to be done, right? It certainly doesn’t make Texas safer.

So, while this session is over, I’m sure we’re in for more during the 85th, including a whole new fight over sanctuary cities and in-state tuition, and anything else the bigots come up with in the name of “sovereignty” and “border security.”

Anyway, Happy Sine Die!

Inbox: Anti-Immigrant Bill Heard in Senate Subcommittee

Credit: State Senator Sylvia R. Garcia

Since I’ve been busy with my move to another part of Houston, I was unable to take part in the actions today at the Capitol. Thanks to Senator Jose Rodriguez’s staff, we got this e-mail about the Subcommittee hearing on SB185–the racial profiling bill (aka sanctuary cities).

 

AUSTIN – Senate Bill 185, which was heard in the Senate Subcommittee on Border Security today, would outlaw so-called “sanctuary cities” — a term that has not been defined — by prohibiting Texas governmental entities from passing laws to restrict police from asking about immigration status.

The bill affects cities, counties, special districts, and districts attorneys. It exempts school districts and hospital districts, but includes peace officers employed or commissioned by school districts and hospital districts.

S.B. 185 specifically prohibits policies that prohibit:

  • Inquiring into immigration status lawfully detained;
  • Sending or requesting information from U.S. CIS or ICE;
  • Maintaining the information;
  • Exchanging information with other state or federal entities;
  • Assisting or cooperating with a federal immigration officer as reasonable or necessary; and
  • Permitting a federal immigration officer to enter and conduct enforcement at a jail.

S.B. 185 provides that any entity in violation shall be denied state grant funds for the following fiscal year after a finding of a violation by a judicial determination. Senator Rodríguez issued the following statement:

Even after today’s lengthy committee hearing, it is still unclear what problem S.B. 185 is attempting to solve. If it’s an attempt to address criminal activity along the border, then we need to better fund local law enforcement, not interfere with local governments’ ability to work with their respective communities. If it’s an attempt to address immigration issues, then that is clearly within the purview of the federal government, not the state.

This bill is a repeat of legislation that was defeated in 2011, and it’s simply bad policy and bad business for our state. I am concerned about the message S.B. 185 sends. Even if it’s not written exactly as Arizona’s S.B. 1070, the intent appears to be the same. The goal seems to be to encourage more local enforcement of immigration laws, and although it could affect anyone, it’s aimed at Texas’ immigrant communities.

With less than eleven weeks left in the legislative session, we have serious business that we need to attend, including passing the budget, school finance, infrastructure and other key governance issues. Yet here we are spending far too much time on legislation that is unwarranted and divisive. I hope that we will prevail as we did in 2011, and the Legislature will demonstrate that Texas is not a “show me your papers” state.

Six major points illustrate why S.B. 185 is bad for Texas:

  1. It seeks to solve a non-existent problem. There is no indication that local law enforcement needs this authority, which is reserved exclusively for the federal government, to keep communities safe. Quite the opposite, as point number two illustrates.
  1. It harms public safety. Today, El Paso County Sheriff Richard Wiles and El Paso County Attorney Jo Anne Bernal spoke out against this legislation because it would undermine law enforcement’s ability to work with immigrant communities and effectively combat cartel activity. Harris County Sheriff Adrian Garcia, Austin Police Chief Art Acevedo and many other local law enforcement leaders have made similar comments.
  1. It’s bad business for Texas. Similar legislation in Arizona cost $5 million in lost taxes from S.B. 1070 and $135 million in lost economic output. As President/CEO of the Greater El Paso Chamber of Commerce Richard Dayoub testified today, we can’t afford to lose current business or future investors. It also does not make sense to drive workers away from labor-intensive but critical sectors such as construction and agriculture.
  1. It targets children. While S.B. 185 exempts school officials, it includes school peace officers. I’m not one who thinks it makes sense to punish children who are in our communities, regardless of documentation, by pushing them out of school and into the streets.
  1. It has legal consequences that will inevitably lead to racial profiling, and violations of the Equal Protection Clause, the Supremacy Clause and the Fourth Amendment. In fact, the issue already came up in El Paso County, where the El Paso County Sheriff’s Department was sued for pulling passengers off a bus and asking them their immigration status; the lawsuit was settled when the department agreed to establish a written policy and train its officers. Further, it places schools in an untenable position: If their peace officers do not ask immigration questions they could lose state funding, and if they do ask they could be sued in federal court.
  1. It hurts families. So called “sanctuary cities” policies have the potential to divide mixed-status families in Texas. Leading leaders speaking against this legislation today, including the Catholic Conference of Bishops, the Anti-Defamation League, Evangelical Pastors, and numerous other religious orders and clergy members.

Texas Republicans Insist on Racial Profiling Law

tmf185Yep, that didn’t take long.

The Republicans are insisting on a law that legalizes racial profiling for the purpose of local law enforcement playing the role of migra mouse in Texas. In other words, the same law that was passed in Arizona. What was delayed by Democrats this morning is back on the calendar!

Senator Jose Rodriguez had the best point-by-point of how this would just be bad public policy. Read it!

SENATE

NOTICE OF PUBLIC HEARING

COMMITTEE:    Veteran Affairs & Military Installations-S/C Border Security

TIME & DATE:  8:00 AM, Monday, March 16, 2015

PLACE:        2E.20 (Betty King Cmte. Rm.)
CHAIR:        Senator Brian Birdwell

SB 185        Perry

Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.

 

 

Rodriguez: SB185 is a Rehash of Bill Defeated in 2011

senrdzSenator Jose Rodriguez outlined reasons why SB185, the s0-called “sanctuary cities” bill, is bad public policy. While it’s been delayed, chances are it will be brought back up by the committee.

This bill, a rehash of legislation that was defeated in 2011, is simply bad policy and bad business. I’ve summarized six major points that illustrate why it’s such a time-waster for a Legislature that has important business to take care of — budget and taxes, education funding, access to health care and other key governance issues.

1. It seeks to solve a non-existent problem. There is no indication that local law enforcement needs this authority, which is reserved exclusively for the federal government, to keep communities safe. Quite the opposite, as point number two illustrates. I find this particularly ironic given that it’s being put forth by representatives who claim they are for small government.

2. It harms public safety. In 2011, this legislation was overwhelmingly opposed by county sheriffs and police chiefs. El Paso County Sheriff Wiles spoke out against this legislation because as he stated it would undermine his ability to work with immigrant communities and effectively combat cartel activity. Austin Police Chief Art Acevedo and many others made similar comments.

3. It’s bad business for Texas. Similar legislation in Arizona cost $5 million in lost taxes from SB 1070 and $135 million in lost economic output. We can’t afford to lose current business or future investors. It also does not make sense to drive workers away from labor-intensive but critical sectors such as construction and agriculture.

4. It targets children. While SB 185 exempts school officials, it includes school peace officers. I’m not one who thinks it makes sense to punish children who are in our communities, regardless of documentation, by pushing them out of school and into the streets.

5. It has legal implications that don’t appear to have been thought through. It will inevitably lead to racial profiling. It is likely to lead to violations of the Equal Protection Clause, the Supremacy Clause and the Fourth Amendment. In fact, the issue already came up in El Paso County, where the El Paso County Sheriffs Department was sued for pulling passengers off a bus and asking them their immigration status; the lawsuit was settled when the department agreed to establish a written policy and train its officers. Further, it places schools in an untenable position: If their peace officers do not ask immigration questions they could lose state funding, and if they do ask they could be sued in federal court.

6. It hurts families. So called “sanctuary cities” policies have the potential to divide mixed-status families in Texas. Leading faith leaders opposing this legislation in 2011 including the Catholic Conference of Bishops, the Christian Life Commission, Texas Impact, the National Council of Jewish Women, the Anti-Defamation League, Evangelical Pastors, and numerous other religious orders and clergy members.

Only a few days ago, President Obama, in his Selma speech, reminded us of one of our country’s enduring sources of greatness, immigration. The United States of America still is the world’s greatest destination for those yearning to breath free. We need to fix our system to reflect that reality, not punish those who have risked everything to be here.

Inbox: Sens Rodriguez and Garcia Delay Hearing on SB185

DelayedWell, this is good news. It’s obvious Republicans wanted to railroad this through without debate or discussion given that they called the hearing on midday Friday for 8AM Monday. Is this a delay of the inevitable? Hey, nothing should pass without a real debate–and the opportunity to catch some GOP nut-jobs saying something crazy on camera.

Inbox:

AUSTIN – Today, state Sen. José Rodríguez, Chair of the Senate Hispanic Caucus (SHC), and state Sen. Sylvia R. Garcia, Vice Chair of the SHC, used a Senate rule to postpone the Senate Subcommittee on Border Security hearing on SB 185, the “sanctuary cities” bill, which was scheduled for 8 a.m. The notice for the hearing was published mid-day Friday, which gave potential witnesses insufficient time to make arrangements to testify at the hearing.

“This bill will have a tremendous impact on families, law enforcement and local government. I heard from a number of elected officials and stakeholders that the timing of the hearing notice did not allow for the type of transparent, open debate necessary for such a wide-ranging measure,” Sen. Rodríguez said.

“Senate Bill 185 has major ramifications to our state – to our public safety, to our economy, to the education of our children, and it takes away local decision-making based on the needs of individual communities. It should be carefully considered. In the past, hundreds of individuals have testified against similar legislation. Yet, a hearing for SB 185 was set with less than 72 hours of notice and over a weekend. It has been extremely difficult to get in touch with my local city, county and school officials over the weekend and to inform constituents who want to share their voice. I am extremely disappointed that my colleagues would try to limit public participation in the legislative process with a maneuver like this,” stated Sen. Garcia.

In 2011, a similar bill to this session’s SB 185, which essentially mandates that local law enforcement take on the role of immigration agents, was heard in Senate Transportation and Homeland Security. Concerned Texans from across the state, including religious leaders, city and law enforcement officials, and community members, came to testify in opposition, but they were told they could not because the bill (then HB 12) no longer contained the sanctuary cities language. The language was added back and the measure passed out of committee, with no opportunity for meaningful public comment.

“Despite these tactics, we were able to stop the bill from becoming law by using the two-thirds rule. Now the concept, which would build walls between law enforcement and Latino communities, is back under consideration in the Texas Legislature,” Sen. Rodríguez said. “Law enforcement officials already have testified that it will hurt their efforts to keep communities safe. City and county officials have made clear it will add costs for training, as well as putting them in the precarious legal position of either potentially violating federal law or violating the state law. Faith leaders, business leaders, community leaders — all have testified to the negative impacts of this legislation.

“The business of the state – budget and taxes, public education, infrastructure, and other key governance issues – requires every bit of attention and energy we have. This kind of proposal, which is unnecessarily divisive and not good public policy, has no place in the Texas Legislature.”

ALERT: Texas Senate Republicans Set Hearing on Anti-Latino Bill

Republicans have set a hearing to debate and railroad through committee SB 185, a sanctuary cities bill which will allow local and state law enforcement to participate in immigration duties through the practice of racial profiling (frankly, I can’t see how racially profiling Latinos will not happen). Here’s the committee hearing info:

SENATE

NOTICE OF PUBLIC HEARING

COMMITTEE: Veteran Affairs & Military Installations-S/C Border Security

TIME & DATE: 8:00 AM, Monday, March 09, 2015

PLACE: 2E.20 (Betty King Cmte. Rm.)

CHAIR: Senator Brian Birdwell

The Subcommittee will consider the following:

Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.

One can read the bill here. And the bill analysis is here.

Here’s a bit of the explanation:

(f) Provides that, in compliance with Subsection (e), an entity described by Subsection (a) may not prohibit a person employed by or otherwise under the direction or control of the entity from doing any of the following:

(1) inquiring into the immigration status of a person lawfully detained for the investigation of a criminal offense or arrested;

(2) with respect to information relating to the immigration status, lawful or unlawful, of any person lawfully detained for the investigation of a criminal offense or arrested:

(A) sending the information to or requesting or receiving the information from United States Citizenship and Immigration Services or United States Immigration and Customs Enforcement, including information regarding a person’s place of birth;

(B) maintaining the information; or

(C) exchanging the information with another federal, state, or local governmental entity;

(3) assisting or cooperating with a federal immigration officer as reasonable and necessary, including providing enforcement assistance; or

(4) permitting a federal immigration officer to enter and conduct enforcement activities at a municipal or county jail to enforce federal immigration laws.

The law will punish local governments who do not participate in legalized racial profiling by not providing any grant funds the state may give. It all allows citizens to file complaints through the Texas AGs office to punish local governments, too. And even file frivolous lawsuits.

Interesting was that the proposed law would not include school districts, charter schools, or hospital districts; although, a cop working for a hospital district is allowed.

It’s just your usual racist bill from Republicans who have nothing better to do. If you want to go fight it on Monday, send them my regards.

If you want to contact all three members of the Border Security Subcommittee, here’s links to their contact info:  Birdwell, Hall, Lucio.

It’ll get uglier as Republicans have their sights set on Latinos and immigrants this session.