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Texas counties warned against participating in governors border actions – Border Report

EL PASO, Texas (Border Report) As civil rights advocates advised local governments not to participate in Texas Gov. Greg Abbotts border actions, the governor on Friday issued a pair of requests in his effort to address what he called a crisis at the border.

The governors office issued a statewide call for jailers to assist border sheriffs who could anticipate an increase in the arrests of undocumented immigrants. Abbott also urges counties to submit a two-year projected budget for possible reimbursements for expenses related to the migrant surge, money state lawmakers would be asked to approve.

Abbot has repeatedly accused the Biden administration of failing to respond to an increase in illegal immigration at the Texas-Mexico border. In a news release issued Friday, Abbott said, the State of Texas will not tolerate criminal activity, which is why we are stepping up to address this crisis in the Biden Administrations absence.

Abbotts requests come nearly a month after his May 31 proclamation declaring a state of disaster for 34 Texas counties, due to the dramatic increase in the number of undocumented immigrants being encountered by U.S. Border Patrol agents.

Border Patrol agents and CBP officers encountered or apprehended 180,034 migrants in May, a slight increase over the 178,000 taken in during April. Along with the 172,000 encounters in March, federal immigration officials have now detained more than 530,000 foreign nationals making unauthorized entries in the past three months.

The governors declaration, however, directs the Texas Department of Public Safety to use its resources to enforce federal and state criminal laws for criminal trespassing, illegal entry, smuggling and human trafficking.

Before that, Abbott had launched Operation Lone Star, which in March sent 1,000 DPS troopers to border communities to deter irregular border crossings.

When Abbott held a Border Security Summit on June 10 in Del Rio, he announced that individuals who enter the country illegally would be subject to jail time of up to a year.

The American Civil Liberties Union of Texas on Thursday warned county leaders that engaging in immigration enforcement violates the U.S. Constitution.

In a letter sent to all 34 counties, the ACLU of Texas advised against the participation of local law enforcement in Abbotts unilateral efforts to set federal immigration policy, arrest and detain immigrants, and deter people from seeking protection in the United States.

The ACLU noted that in the U.S. noncitizens have the legal right to seek asylum and other protections, adding that arresting and detaining immigrants due to their immigration status is unconstitutional.

In a statement, ACLU of Texas attorney Kate Huddleston said Abbott cannot seek to enforce his own version of immigration policy.

County officials will be in violation of the law if they enforce the governors plan, Huddleston said in a news release issued Thursday. The federal government, not states or local governments, sets immigration policy and enforces immigration law. Yet again, the governor is targeting immigrants and inciting fear and xenophobia in our state. These moves are a cruel distraction from the real problems facing the state, such as fixing the failing state electrical grid.

Abbott on Friday said the state is looking for jailers with supervisory and release experience and current or former jailers who were honorably discharged within the last two years. The governor is also calling for trained booking officers who have experience with the Texas Law Enforcement Telecommunications System (TLETS) and the Automated Fingerprint Identification System (AFIS).

Abbottss disaster declaration directs the Texas Commission on Jail Standards and the Texas Commission on Law Enforcement to work with counties to ensure jails had enough beds for undocumented immigrants arrested for crimes such as trespassing. It also surges resources into border communities to make arrests and to help set up and maintain extra jail space.

Part of our comprehensive efforts to secure the border include enforcing all state and federal laws, which is why we are calling on jailers and sheriffs across the state to volunteer support for our border sheriffs. Working together, we will secure the border and keep our communities safe, Abbott said in a news release.

Part of our comprehensive efforts to secure the border include enforcing all state and federal laws, which is why we are calling on jailers and sheriffs across the state to volunteer support for our border sheriffs. Working together, we will secure the border and keep our communities safe.

In its letter, the ACLU informs local leaders of the limitations on their authority to engage in actions that seek to enforce federal immigration law.

This is in part because treatment of immigrants within the United States is one of the most important and delicate matters in foreign relations, an area entrusted by the Constitution to the federal government, the letter reads. Congress has enacted federal law governing who may be removed from the United States and under what circumstances; providing for pathways for people who have reached the country fleeing violence to seek protection; and authorizing federal immigration enforcement in specific circumstances.

The ACLUs letter also formally requests information about guidance that local officials have received from the state, as well as local cooperation with state efforts to arrest immigrants to date, including any arrests or prosecutions they might have carried out.

To read the ACLU of Texass letter to the 34 counties targeted by Abbott, click here.

Abbott, meanwhile, is urging county judges across Texas to submit their two-year projected budget for expenses related to the ongoing migrant influx. Counties can submit budget projections through the online Border Budget Forecast Form to be used by the State of Texas to request additional border security funding from the Legislature during the upcoming Special Session, according to a news release.

As the Biden Administration continues to ignore the crisis at the border, the State of Texas is stepping in to ensure our counties have the resources and support they need to keep their communities safe, Abbott said. I urge County Judges to fill out the Border Budget Forecast Form by July 9th to ensure the State of Texas has the information needed to secure additional funding to combat the ongoing crisis at our southern border.

The 34 counties that received the ACLU letter are Brewster, Brooks, Cameron, Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Goliad, Gonzales, Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Kenedy, Kinney, La Salle, Lavaca, Maverick, McMullen, Pecos, Presidio, Real, Reeves, Starr, Sutton, Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata and Zavala.

In advising localities, the ACLU of Texas is also asking agencies to adopt policies that train local law enforcement officers to ensure they do not violate the Constitution or federal law when interacting with immigrants, including refraining from making stops based on perceived immigration status, race, ethnicity or language.

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Texas counties warned against participating in governors border actions - Border Report

Florida officers going to U.S.-Mexico border next week to help with illegal immigration – FOX 35 Orlando

TALLAHASSEE, Fla. (NSF) - More than 50 state law-enforcement officers will depart Monday for Texas and Arizona to help with border control, Gov. Ron DeSantis announced Friday during an appearance in Pensacola.

The announcement came after DeSantis earlier in the month said Florida would support a request from Texas Gov. Greg Abbott and Arizona Gov. Doug Ducey for help in battling illegal immigration at the border.

Democrats have described the deployment of Florida law officers to the border as a "political stunt" by DeSantis.

DeSantis said Friday he anticipates traveling to the border to visit the state officers while they are deployed. Former President Donald Trump, a DeSantis political ally, also is expected to visit the border Wednesday.

"Hopefully, I'll be able to get out there at some point to wish them well, when they're on the ground," DeSantis said Friday while at an Interstate 10 weigh station, accompanied by members of the Florida Department of Law Enforcement, the Florida Fish and Wildlife Conservation Commission and the Florida Highway Patrol.

Officers from those three agencies will head west next week.

DeSantis said the mutual-aid effort will protect Florida, in part because of drugs crossing the border and landing in areas such as North Florida.

"I had met just weeks ago with some of our rural sheriffs up in North Florida, and their number one concern is all the meth that's coming in," DeSantis said.

"And all the meth is coming from the Southern border," DeSantis continued. "Now, you used to have where people would cook it themselves, and all this stuff like that is just not what's happening. What's happening is a massive amount of drugs moving in from the Southern border. So, this has real effects on Florida communities."

Other Republican governors also are backing the request from Abbott and Ducey for officers to go to the border, as the GOP tries to capitalize on public-safety issues ahead of the 2022 midterm elections.

Idaho Gov. Brad Little and Nebraska Gov.Pete Rickettslast week announced plans to send troopers toTexas, and Iowa Gov. Kim Reynolds followed suit Thursday.

"My first responsibility is to the health and safety of Iowans, and the humanitarian crisis at our nations Southern border is affecting all 50 states," Reynolds said in a prepared statement.

Individual deployments are expected to last 16 days.

Abbott and Ducey estimated about 500 officers would be needed.

Costs for the deployment of Florida officers are expected to be picked up by Florida.

"That's still a point of discussion," DeSantis said. "I mean, if someone would help us, we would pick up some of their funding. And so, that's how we would hope that it goes. But we don't anticipate getting any federal funds."

The state officers could be relieved by sheriffs deputies from counties that have backed DeSantis deployment plans.

"We've got a lot of folks in the queue, "DeSantis said. "And there's different ways the locals can support. If these guys are going out and there's ever a need to backfill what they're doing in Florida, then the locals can send and backfill that, while they're doing the border. We also can send locals, but we were able to meet the need with the state resources to start."

The deployment comes as the state is in court trying to block Biden administration immigration-enforcement decisions. Florida Attorney General Ashley Moody has argued that the Biden administration has shirked its responsibilities in enforcing immigration laws and threatened public safety.

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Florida officers going to U.S.-Mexico border next week to help with illegal immigration - FOX 35 Orlando

Gov. Greg Abbott is using a disaster declaration to help fund a border wall. Democrats say it’s an overreach of executive powers. – The Texas Tribune

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Over the past year, Gov. Greg Abbott has issued disaster declarations across the state for a number of tragedies: the coronavirus pandemic that killed more than 50,000 Texans, a winter storm that left millions of people in freezing temperatures without power for days, hurricanes and floods that wiped out homes and local infrastructure.

The disaster declarations give the governor broad power to suspend state laws and regulations that hinder a jurisdictions recovery from a disaster and to allow the use of available resources to respond to the disaster.

Then, on May 31, the two-term Republican governor who is seeking reelection next year took the unprecedented step of declaring a disaster for 34 counties based on an increase of illegal immigration at the Texas-Mexico border. The declaration allowed Abbott to request the reallocation of $250 million of legislatively appropriated funds toward a border wall construction project pushed by his office.

Its extraordinarily unusual, said Jon Taylor, professor of political science at the University of Texas at San Antonio. Traditionally, its used for natural disasters, he added, though state law does allow for its use for some man-made disasters.

Abbotts move raises questions about the executive branchs emergency powers, rekindling concerns raised during the early days of COVID-19 last year when Abbott used his broad emergency powers to enact restrictions shutting down businesses to curb the pandemic. In response, the Legislature tried without success to rein in Abbotts authority this session.

But now, critics are questioning whether an increase in illegal immigration constitutes a disaster that merits emergency action by the governor.

State Rep. John Turner, D-Dallas, said Abbotts use of a disaster declaration to reallocate legislatively appropriated funds to a project from his office stretches the concept of emergency authority to its breaking point.

A governor should not be able to circumvent the legislative process by declaring such matters to be emergencies and then implementing whatever measures he wishes, Turner said in a statement. If a governor can commence such a long-term, multi-hundred-million-dollar public works project under the cover of emergency powers, it is difficult to know what the limits of those powers are.

I hope the Legislature will reassert its authority and resist this ill-considered action by the Governor, he added.

Under the Texas government code, governors are allowed to declare disasters for an occurrence or imminent threat of widespread or severe damage, injury, loss of life or property resulting from any natural or man-made cause. The code gives the executive branch broad authority that covers natural disasters, like fires, hurricanes,and storms, as well as man-made catastrophes like riots, hostile military action and cybersecurity events.

Renae Eze, a spokeswoman for Abbott, said the governor is acting together with leaders in both chambers of the Legislature, who signed off on his request to transfer legislative funds for the border wall last week. She said the action was warranted because of a 20-year record high of migrant crossings at the border.

This is not a red or blue issuethis is a public safety issue, she said. President Bidens reckless open border policies have led to a crisis along our southern border Until the Biden Administration starts doing their job, Texas is stepping up to secure our southern border and protect Texans.

In a news conference last week, Abbott acknowledged that his move stepped outside of the historical precedent for disaster declarations.

I am unaware of a governor ever declaring a disaster at county requests because of the tidal wave of illegal immigrants coming across the border, wrecking havoc in communities and residents who live here in Texas, he said.

Abbott said the flow of illegal immigration through the state had cost Texas billions of dollars and thousands of hours of staff resources while hurting border residents whose properties were damaged and lives were threatened. Eze said this week that the Department of Public Safety has also seized 95 pounds of fentanyl smuggled across the border this year, which puts other areas of the state at risk.

In 2019, President Donald Trump declared a national emergency at the border as he sought to fulfill a campaign promise to build a wall along the U.S.-Mexico border. Trump similarly said the emergency declaration was needed to stop illegal drug trafficking, human trafficking and gang violence.

Trump also faced backlash over executive overreach but his emergency order stayed in place until February when the Biden administration formally ended it.

Alberto Gonzales, a former U.S. Attorney General and Texas Supreme Court justice, said he generally supports having statutory authority within the governors office to respond to almost any kind of crisis because its hard to anticipate all the emergencies that might arise. Gonzales said he was speaking broadly because he did not have first-hand knowledge of the issues surrounding Abbotts declaration.

Gonzales, now dean of the Belmont University College of Law, said his experience as White House counsel for President George W. Bush during the Sept. 11 terrorist attacks have shaped his views of executive authority.

Only the executive can respond quickly and decisively, in unexpected emergencies, he said.

In exchange for allowing strong emergency powers, lawmakers should demand strict accountability once the disaster has passed, including complete disclosure of the actions taken by the executive branch and an accounting of how state funds were used, Gonzales said.

Abbott critics could still argue that an increase of illegal immigration does not meet the standards for a disaster declaration and gives the governor power he would not have under normal circumstances, Taylor said.

The disaster declaration allows the state to transfer money already appropriated in the budget to respond to the disaster. In this case, the state will transfer $250 million appropriated by lawmakers for the Texas Department of Criminal Justice to Abbotts border wall initiative. State officials have said they will identify funding to replace that money in the agencys budget.

Lawmakers who oppose the wall could argue that their authority over the states purse strings is being side-stepped by the governor for his own initiative.

Its absolutely an encroachment, Taylor said. That gives a lot more authority than what I think people interpreted under the Texas constitution. This has been a problem for legislature-gubernatorial relations since at least Ann Richards but definitely since [Rick] Perry. There's been a decided push to expand gubernatorial power whenever possible.

Last year, Democrats and Republicans complained that Abbott had overstepped his authority through his orders to curb COVID-19. Democrats criticized the governor for not deferring to local officials, who they argued were better positioned to make decisions for their communities. And Republicans blasted Abbotts orders to shut down businesses and require masks.

The Legislature debated curbing the governors emergency powers during this years regular session, but the Senate and House had different approaches to the issue and were unable to reach a compromise before lawmakers returned home.

The Senate rallied around two proposals by state Sen. Brian Birdwell, R-Granbury, that would have applied to all declared disasters. The legislation, which would have needed a sign off from Texas voters before it could take effect, would have required the governor to call a special session to declare a state emergency that lasts longer than 30 days. The special session would give lawmakers the chance to terminate or adjust executive actions taken by the governor, or pass new laws related to the disaster or emergency.

In the House, state Rep. Dustin Burrows, R-Lubbock, spearheaded House Bill 3, a sweeping piece of legislation that would have curbed emergency powers only during a pandemic as opposed to all disasters, which include hurricanes and tornadoes. Neither Burrows' nor Birdwells offices responded to requests for comment.

But neither of the Republican-dominated chambers seems opposed to Abbotts use of a disaster declaration to tackle illegal immigration.

Lt. Gov. Dan Patrick and House Speaker Dade Phelan flanked Abbott at a news conference on the subject last week, and the respective chambers chief budget writers Sen. Jane Nelson, R-Flower Mound, and Rep. Greg Bonnen, R-Friendswood, signed off on the transfer of budgeted funds for Abbotts down payment for the border wall.

Phelan, a Beaumont Republican in his first term as speaker, said earlier this month that lawmakers will debate curbing the governors emergency powers again at some point but deferred to Abbott on whether it will be included in a special session agenda. Phelan has said he sees no need for lawmakers to convene during natural disasters.

Can you imagine trying to have a special session in an off-year, everyone coming up to Austin when they need to be back home taking care of their constituents? Phelan said during an interview with the Tribune after the regular legislative session.

State Rep. Chris Turner, who chairs the House Democratic Caucus, said Abbotts focus on immigration at the border is all about politics.

I think the governor should have emergency powers in certain circumstances because emergencies do arise, Turner said. But, he added, the fact that Trump is going to tour the border with him next week is proof that this is more about Republican primary politics than it is serious policy.

Abbott has dismissed those criticisms as nonsense.

Taylor said as long as the legislative and executive branches are dominated by the same party and agree on the issue being tackled by a disaster declaration, there is no incentive for lawmakers to try to rein in the governors power. Under those circumstances, Abbott may keep testing the limits of his office.

Its the idea of, he saw an opening, he took the opening, Taylor said. It suggests to me that hes thinking Stop me until I spend again.

But even if lawmakers do not push back on Abbotts emergency power, Gonzales said valid questions remain. The governors opponents could argue in federal court that the state is usurping the federal governments responsibility over immigration enforcement and preempt Abbotts actions.

They could also challenge what constitutes a disaster.

If something is anticipated can you really call it an emergency? Gonzales said. Is there time for the Legislature to take action? Is there time for the executive to sit down with the Legislature and say This is the problem, heres the action Id like you to take?

Disclosure: The University of Texas at San Antonio has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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Gov. Greg Abbott is using a disaster declaration to help fund a border wall. Democrats say it's an overreach of executive powers. - The Texas Tribune

DHS to readmit illegal immigrants ousted under Trump: Report – Washington Times

Homeland Security will allow some illegal immigrants ousted under the Trump administration to reenter the U.S and renew their cases, according to a news report Tuesday.

CBS News said the policy will apply to people who had showed up at the border, made asylum claims that got funneled into the so-called Remain in Mexico program, were pushed back across the boundary to wait for their immigration hearings, but then failed to show for those hearings.

They will now be allowed to come into the U.S. and begin their claims again.

Congressional Democrats who oversee Homeland Security cheered the policy.

Too many people were denied their right to due process and rejected for entry into the United States under the abhorrent Remain in Mexico policy, said Reps. Bennie G. Thompson of Mississippi and Nanette Barragan of California.

The two Democrats who, respectively, chair the Homeland Security Committee and its subcommittee on border security said the Trump policy discouraged people from showing up for their hearings, and they deserve a chance to make their cases.

Immigrant-rights activists have been pressuring the Biden administration to find ways not only to roll back Trump policies, but to bring back people deported during the Trump era.

The new move doesnt go that far, but it is a step in that direction.

Tens of thousands of people were pushed into the Remain in Mexico program, which takes advantage of a portion of U.S. law that allows people who show up without permission to be ordered back across the border to wait while their immigration cases proceed.

Trump officials said the logic was to deny people with bogus cases a foothold in the U.S., which many abused by disappearing into the shadows while their claims were being judged. Indeed, the policy worked in solving the 2019 border surge, according to Border Patrol agents.

But immigrant-rights activists said the human costs were too high: Many illegal immigrants ended up in camps on the Mexican side where they became targets for extortion or other abuse by smuggling cartels. Many also tried to jump the border again.

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DHS to readmit illegal immigrants ousted under Trump: Report - Washington Times

Like a good neighbor, Canada is there – Bucks County Courier Times

By Larry Whitlow| Bucks County Courier Times

First and foremost, I love this country and I've always been proud to say I'm an American no matter where I have traveled. Lately it seems that there are many of my fellow citizens that don't share those sentiments.

Complaints about our sometimes-dysfunctional government which is certainly justified, protests, racial strife, gun violence and immigration problems just to name a few are in the news every day.

So, I decided to sit down and do some research as to where things are better for us to go so that we can live a more peaceful and less turbulent life. I didn't have to look too far. Canada.

Here are some very interesting facts:

What really stands out isCanada's immigration policy, which is such a hot button topic here. Canada actively solicits immigrants and has done so for years. Over 20% of all Canadians are foreign born. The obvious question is 'Why is Canadian public opinion on immigration so different from ours?"

The answers are quite interesting.

Canadians are convinced of the positive economic benefits of immigration and believe immigrants create jobs. Most immigrants to Canada are authorized under a points system tied to their credentials and employment potential. About half of Canadian immigrants have bachelor's degrees and evidence suggests that the balance of immigrants are highly skilled and net contributors.

Secondly, Canadians see multiculturalism as an important component of national identity. Other factors allow Canada to be more inviting. The country has very little to worry about from illegal immigration. Like the U.S., it shares a long southern border with a country suffering from high levels of crime,gun violence, unemployment and income inequality.

But there aren't millions of Americans yearning to get into Canada. That reduces unauthorized immigration and eases public anxiety about it like we have here.

Incidentally, the emphasis on multiculturalism points to an interesting normative distinction between the U.S. and Canada. Both this country and Canada have robust legal protections against discrimination.

But here you rarely hear somebody advocate for immigration on the grounds that it adds to the social fabric of the country. Apparently when that argument arises in Canada it has a humanitarian dimension.

Canada has its problems to be sure, but it seems to have a much better handle on the many issues that plague our country.

Maybe it wouldn't be such a bad idea to suggest that our so-called divided political leaders in Congress and the Senate who never seem to compromise on anything for the American good should visit our neighbors to the north on one of their many recesses and holiday breaks and take a working vacation to be schooled on how to govern.

As for me, despite all our supposed problems in this great country, I'm staying put in Bucks County. Life is good. For those who continue to protest and complain, pack some warm clothes and look to the north if they will have you.

Larry Whitlow is a resident of New Hope.

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Like a good neighbor, Canada is there - Bucks County Courier Times