By Karen Gleason
The 830 Times
County officials say they will reply to a recent letter from the American Civil Liberties Union (ACLU) of Texas, which details what the group believes are limits to Texas Gov. Greg Abbott’s efforts to stem tides of immigrants illegally entering the U.S. across the Texas-Mexico border.
County Judge Lewis G. Owens Jr. referenced the letter during the July regular term meeting of Val Verde County Commissioners Court July 6 and released a copy of the letter to the 830 Times.
“Your county is one of 34 jurisdictions for which Governor Abbott has declared a state of disaster to deter migration across the southern border and requested your assistance in this effort . . . we write to inform you of the limitations on your authority to engage in actions that seek to enforce federal immigration law and best practices for ensuring that you are in compliance with the Constitution and federal law,” the letter begins.
The letter, signed by ACLU of Texas staff attorney Kathryn Huddleston and legal director Andre Segura, also requests the county to provide information “regarding any guidance you have received regarding this disaster declaration or Governor Abbott’s ‘Operation Lone Star,’ any participation or cooperation by your locality (in) these efforts and any arrests or prosecutions by your locality for immigration-related enforcement purposes since March 6, 2021.”
The letter points out that “state or local law enforcement’s unilateral arrest and detention of immigrants due to their immigration status or pursuant to an effort to enforce immigration laws or alter immigration policy violates the U.S. Constitution.”
“It also risks preventing noncitizens from asserting their legal rights to seek asylum and other protection in the United States. As local officials, your responsibility is to ensure public safety and well-being – not to divert resources to Governor Abbott’s efforts to undermine federal immigration policy,” the letter continues.
The seven-page letter goes into detail and prior case law regarding prohibitions on “unilateral state and local action to enforce federal immigration law,” noting, “Under the U.S. Constitution, it is unlawful for state or local law enforcement officers to arrest or detain immigrants due to their immigration status or in an effort to enforce immigration laws or alter immigration policy.”
Owens said Monday the county would respond to the ACLU’s letter, adding, “The letter’s very well-written, but a lot of it simply doesn’t apply to us.”
Owens said he would release a copy of the county’s reply once it has been sent.
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