Off the Kuff: “From the inbox:
The American Civil Liberties Union of Texas sent letters today to 34 counties informing top officials that implementing Gov. Greg Abbott’s unlawful plan to engage in immigration enforcement would violate the U.S. Constitution.
The letters, sent to the counties targeted by Abbott, advise against local law enforcement participation in Abbott’s unilateral efforts to set federal immigration policy, arrest and detain immigrants, and deter people from seeking protection in the United States. Noncitizens in the U.S. have the legal right to seek asylum and other protections. Arresting and detaining immigrants due to their immigration status or as a result of enforcing or altering federal immigration law is unconstitutional.
“Gov. Abbott cannot seek to enforce his own version of immigration policy,” said Kate Huddleston, attorney at the ACLU of Texas. “County officials will be in violation of the law if they enforce the governor’s plan. 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.”
The letters also request under the Texas Public Information Act 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 by their locality.
In addition, the letters advise localities to train local law enforcement officers to ensure they do not violate the Constitution or federal law when interacting with immigrants. The ACLU of Texas is asking agencies to adopt policies that comply with constitutional policing and limitations on immigration enforcement, including training officers to refrain from making stops based on perceived immigration status, race, ethnicity, or language.
The 34 counties that received the 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.
See here and here for the background. A copy of the letter is here. It seems clear that this is a precursor to a lawsuit, serving both as a warning to the counties that if they follow along with Abbott’s folly they will be named in the suit as well, plus an early effort to gather evidence.”