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Texas court orders release of more than 200 migrants imprisoned in Gov. Greg Abbott’s border security clampdown

  
Via:  Split Personality  •  3 years ago  •  31 comments


Texas court orders release of more than 200 migrants imprisoned in Gov. Greg Abbott’s border security clampdown
The men were arrested by state troopers and held for weeks without facing formal charges, a violation of state law. It’s the latest misfire in Abbott’s hastily assembled effort to involve Texas in patrolling the border.

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Texas is set to release nearly 250 migrants who were arrested under Gov.   Greg Abbott ’s “catch and jail” border security policy and sat in prison for more than a month without being charged with crimes.

A state district judge granted a motion to release the men on no-cost bonds Tuesday morning after defense attorneys challenged the continued imprisonment of hundreds of migrants, citing   widespread violations   of state law and constitutional rights to due process.   Texas law   requires criminal defendants be released from jail on no-cost or affordable bond if prosecutors delay cases by not filing charges quickly. For trespassing, the charge on which the vast majority of the migrants were arrested, that deadline is set at 15 or 30 days, depending on the charge level.

Kristin Etter, an attorney with Texas RioGrande Legal Aid, which represents the migrants, said at the hearing before state District Judge Roland Andrade that her organization had made an agreement with the Val Verde county attorney to release 75 defendants arrested there who had been jailed without charges filed for more than 15 days. Kinney County prosecutors agreed to the release of another 168 defendants who had not had a charge filed against them in 30 days or more.

“I’m glad you all worked out most of these, and hopefully everything will be streamlined a little bit more,” Andrade, a Republican, said at the end of the hearing. “It’s a learning experience for everybody, even the court here.”

It’s unclear what will happen to the men   when they are released from state custody . Federal immigration authorities may choose to take them into custody or deport them, or they may be released into the United States while awaiting their criminal and potential immigration proceedings.

Etter argued that the men should be released from state custody after 15 days, as would apply to typical trespassing cases. When the legal aid group’s petition was filed on Sept. 15, that included 55 men arrested in Val Verde County. By the time of the hearing, 75 men had surpassed the deadline agreed to by the prosecutor. Kinney County, however, countered that the disaster declaration Abbott has issued for the border enhances the cases to a higher level of misdemeanor, which would give officials 30 days to file charges. The judge agreed to Kinney County’s 30-day limit.

The ordered releases are the latest stumble in Abbott’s new state criminal justice system for migrants that has been   fraught with problems   since he initiated it in July.


In that time, migrants have been   wrongfully separated from their families   during arrests, men whose criminal cases were dismissed   have been released without any federal or state coordination   into border towns without any documents and the justice system has been in   violation of state laws in its delays to file charges and appoint attorneys .

So far, about 1,000 men, the majority Latino, have been arrested by Texas state police and accused of trespassing on private property under Abbott’s order. As of Monday, more than 900 men were jailed in two Texas prisons converted into state immigration jails this summer.

The governor’s new policy is aimed at arresting migrants accused of crossing the border illegally, but since state police and courts have no jurisdiction over federal immigration law, police arrest the migrants for state crimes, like trespassing. Abbott has ramped up his border security efforts this year and has blamed President Joe Biden’s immigration policies for   a surge in border crossings .

But the influx in arrests has overwhelmed the local justice systems in the small border regions of Kinney and Val Verde counties, prompting the delays in court filings, lawyer appointments and even documenting the imprisonment of migrants. All but 11 migrants imprisoned as of Monday were arrested in the two counties.


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Split Personality
Professor Guide
1  seeder  Split Personality    3 years ago

I posted a similar seed last week about the new fences and questioning the conversion of a state prison to a jail

exclusively for male migrants only.

Now after only 5 weeks, the migrants are being released into Texas border towns?

In that time, migrants have been   wrongfully separated from their families   during arrests, men whose criminal cases were dismissed   have been released without any federal or state coordination   into border towns without any documents and the justice system has been in   violation of state laws in its delays to file charges and appoint attorneys .
 
 
 
devangelical
Professor Principal
1.1  devangelical  replied to  Split Personality @1    3 years ago

oops. they all need to get attorneys, sue the fuck out of the state, and then go back to their countries with a fat check and buy property, or start a business, or hire an immigration lawyer if they can't work a green card into the settlement.

 
 
 
Split Personality
Professor Guide
2  seeder  Split Personality    3 years ago
 
 
 
Texan1211
Professor Principal
3  Texan1211    3 years ago

Isn't it a damn shame when a governor must act  [deleted]

 
 
 
Split Personality
Professor Guide
3.1  seeder  Split Personality  replied to  Texan1211 @3    3 years ago

Isn't it a damn shame when it's as apparently more half assed than the Feds?

 
 
 
Texan1211
Professor Principal
3.1.1  Texan1211  replied to  Split Personality @3.1    3 years ago

[deleted]

 
 
 
Texan1211
Professor Principal
3.1.2  Texan1211  replied to  Split Personality @3.1    3 years ago

[deleted]

 
 
 
Split Personality
Professor Guide
3.1.3  seeder  Split Personality  replied to  Texan1211 @3.1.1    3 years ago

Texas CBP is the cream of the CBP.  Tops in processing, tops in deportations.

Why can't they just be allowed to do their jobs?

At a minimum, one would assume that state laws would be adhered to and there would be coordination between

county law enforcement, the judicial system, the TX department of criminal justice, CBP and ICE

when the Governor is the author of this program

Abbott screwed the pooch.

 
 
 
Texan1211
Professor Principal
3.1.4  Texan1211  replied to  Split Personality @3.1.3    3 years ago

[deleted]

 
 
 
devangelical
Professor Principal
3.1.5  devangelical  replied to  Split Personality @3.1    3 years ago

 
 
 
Ronin2
Professor Quiet
3.1.6  Ronin2  replied to  Split Personality @3.1    3 years ago

It can't be more half assed than the feds.

They are doing jack shit of nothing except using the BP to process people and run detention centers.

[deleted]

 
 
 
Texan1211
Professor Principal
3.1.7  Texan1211  replied to  Ronin2 @3.1.6    3 years ago

[deleted]

 
 
 
Ronin2
Professor Quiet
3.1.8  Ronin2  replied to  Split Personality @3.1.3    3 years ago
Texas CBP is the cream of the CBP.  Tops in processing, tops in deportations.

[deleted]

Why can't they just be allowed to do their jobs?

The major part of their job is enforcing the border.   [deleted]

At a minimum, one would assume that state laws would be adhered to and there would be coordination between county law enforcement, the judicial system, the TX department of criminal justice, CBP and ICE

[deleted]

when the Governor is the author of this program Abbott screwed the pooch.

[deleted]

 
 
 
Ronin2
Professor Quiet
3.1.9  Ronin2  replied to  Texan1211 @3.1.7    3 years ago

[deleted]

 
 
 
Texan1211
Professor Principal
3.1.10  Texan1211  replied to  Ronin2 @3.1.9    3 years ago

[deleted]

 
 
 
Split Personality
Professor Guide
3.1.11  seeder  Split Personality  replied to  Ronin2 @3.1.6    3 years ago

The CBP has expelled 1.1 million people this fiscal year under Title 42 and the current DOJ is fighting in court to KEEP Title 42 in place.

The rest are processed according to current immigration laws, last updated in 1986.

They are processed by current INA and HARP standards. MPP was officially disbanded 06/01/2021.

It's a complicated mess, always has been.

 
 
 
Trout Giggles
Professor Principal
3.1.12  Trout Giggles  replied to  Texan1211 @3.1.10    3 years ago

If you didn't come into this group just to shit all over the place and then whine with all your meta you just might not get so many deletions. To show I can somewhat fair, I'm leaving your latest offerings intact.

My partner in crime may have different ideas. So if I were you, I would call it day and stop shitting all over SP's seed

 
 
 
Split Personality
Professor Guide
3.1.13  seeder  Split Personality  replied to  Ronin2 @3.1.8    3 years ago

Right on cue.

 
 
 
Texan1211
Professor Principal
3.1.14  Texan1211  replied to  Trout Giggles @3.1.12    3 years ago

[deleted]

 
 
 
Split Personality
Professor Guide
3.1.15  seeder  Split Personality  replied to  Ronin2 @3.1.6    3 years ago

800

800

Please note 1954, Eisenhower, was an outlier.

Please note the highest years were under Reagan, Bush, Clinton and Bush.

Obamas 8 year average was 422,000

Trumps 4 year average was 494,000.

Are you missing Obama yet?

 
 
 
Split Personality
Professor Guide
3.1.16  seeder  Split Personality  replied to  Ronin2 @3.1.8    3 years ago
The major part of their job is enforcing the border. They can't very well do that pushing papers behind a desk; or baby sitting illegals in over crowded Covid ridden detention centers

Then you have a colossal misunderstanding of what the job description is.

 
 
 
devangelical
Professor Principal
3.1.17  devangelical  replied to  Trout Giggles @3.1.12    3 years ago

yeah well, that last one pretty much did it for him here. as far as I'm concerned...

 
 
 
Trout Giggles
Professor Principal
3.1.18  Trout Giggles  replied to  devangelical @3.1.17    3 years ago

I sure as hell hope so

 
 
 
1stwarrior
Professor Participates
3.1.19  1stwarrior  replied to  Split Personality @3.1.11    3 years ago

Just a couple you may have missed since 1986:

     Immigration Act - 1990; Illegal Responsibility Reform and Immigrant Responsibility Act - 1996; Enhanced Border Security and Visa Entry Reform Act - 2002; Homeland Security Act - 2002; REAL ID Act - 2005.

 
 
 
Split Personality
Professor Guide
3.1.20  seeder  Split Personality  replied to  1stwarrior @3.1.19    3 years ago

Thanks, I am sure CBP is in full compliance.

 
 
 
Split Personality
Professor Guide
3.1.21  seeder  Split Personality  replied to  Split Personality @3.1.11    3 years ago
The “Prompt Asylum Claim Review” and “Humanitarian Asylum Review Process,” (“PACR/HARP”) put in place in October 2019, marked the first time in American history that asylum seekers were forced to remain in CBP custody during this process.

On November 30, a federal district judge in the ACLU’s challenge to PACR/HARP upheld the policy .

Pass rates for the initial asylum screening under PACR/HARP have plummeted. 74% of asylum seekers passed their screening interview before PACR/HARP. Now under these policies, only 19-29% do . Despite the Trump administration’s inclusion of “humanitarian” in the name of the policy, PACR/HARP is a sham designed to ensure that asylum seekers will fail.

SInce June the rates have increased to 60% again.

 
 
 
Ronin2
Professor Quiet
3.1.22  Ronin2  replied to  Ronin2 @3.1.8    3 years ago

[deleted]

 
 
 
Ronin2
Professor Quiet
3.1.23  Ronin2  replied to  Split Personality @3.1.16    3 years ago

Seems you do. From their own recruitment website.

CBP Officers work in a fast-paced environment at 328 ports of entry throughout the United States. They are responsible for border security, including counterterrorism, customs, immigration, trade, and agriculture.

Typical Assignments Include:

  • Detecting and preventing terrorists and terrorist weapons from entering the United States
  • Enforcing customs, immigration, and agricultural laws and regulations at U.S. ports of entry and preclearance locations worldwide
  • Preventing the illegal trafficking of people, narcotics, and contraband into the United States
  • Performing inspection, intelligence analysis, examination, and law enforcement activities including apprehension, detention and arrest relative to arrival and departure of persons, conveyances and merchandise at ports of entry
  • Conducting developmental level officer duties to protect the U.S. homeland, enforce federal laws, and efficiently facilitate legitimate trade and travel
  • Developing, planning, and participating in tactical operations
  • Interacting with carriers, other agencies and foreign entities to exchange information and provide guidance on admissibility/compliance

Being a CBP Officer opens up many opportunities as your career advances. In your career, you may have the opportunity to do the following:

  • Work internationally
  • Conduct K-9 Inspection: Dogs are used to detect drugs, weapons, cash, and explosives
  • Join the Special Response Team, the tactical and special response arm of the Office of Field Operations
  • Join the Anti-Terrorism Contraband Enforcement Team (A-TCET), a specialized unit of the Office of Field Operations to seize drugs, weapons, currency, and illicit contraband

I bolded the part about border security just for you.

 
 
 
Ronin2
Professor Quiet
3.1.24  Ronin2  replied to  Split Personality @3.1.15    3 years ago

So you are going to discount the massive recession in the US for the first two years of the Obama administration; where illegal border crossings fell due to there being no work available in the US.

  Are you missing Obama yet?

No, because overall deportations under Obama fell. He inflated his numbers by counting those that were detained at the border and returned.

Homeland Security Secretary Jeh Johnson acknowledged Tuesday that his department’s deportation numbers are now mostly made up of illegal immigrants caught at the border, not just those from the interior, which means they can’t be compared one-to-one with deportations under President Bush or other prior administrations.

The administration has argued it is tougher on illegal immigration than previous presidents, and immigrant-rights groups have excoriated President Obama, calling him the “deporter-in-chief” for having kicked out nearly 2 million immigrants during his five-year tenure.

But Republican critics have argued those deportation numbers are artificially inflated because more than half of those being deported were new arrivals, caught at the border by the U.S. Border Patrol. Previous administrations primarily counted only those caught in the interior of the U.S. by U.S. Immigration and Customs Enforcement.

“Under the Obama administration, more than half of those removals that were attributed to ICE are actually a result of Border Patrol arrests that wouldn’t have been counted in prior administrations,” said Rep. John Culberson, Texas Republican.

“Correct,” Mr. Johnson confirmed.

That would mean that in a one-to-one comparison with the final years of the Bush administration, deportations of those same people under Mr. Obama had actually fallen, according to immigration analysts who have studied the data.

[ deleted ]

I notice you want to completely avoid the current number of encounters at the border under Biden. You have to go back over 20 years to find anything that comes close. After the Del Rio disaster; and 2 large caravans heading north out of South America those numbers are only going to grow.

 
 
 
Texan1211
Professor Principal
3.1.25  Texan1211  replied to  Ronin2 @3.1.22    3 years ago

[deleted]

 
 
 
Split Personality
Professor Guide
3.1.26  seeder  Split Personality  replied to  Ronin2 @3.1.23    3 years ago

Pulease, give me a break.

“Join the Navy, see the world!” was a popular phrase used by Navy recruiters and one that is often referenced in TV shows and movies – usually sarcastically. Being at sea for months at a time, isolated and far from friends and family, subject to strict discipline, and under the constant threat of enemy fire can genuinely appeal to some men. “Join the Navy, see the world!” Only After we Have Kidnapped You of Course (warhistoryonline.com)

Truth in advertising, lol

For the record, Texas State Troopers, Texas National Guard are not allowed to patrol the border, but have

been assisting the CBP in the Texas districts as necessary doing construction and administrative work.

The same is true for the Florida Highway Patrol, the Florida Department of Law Enforcement, and the Florida

Fish and Wildlife Conservation Commission, as well as deputies from the sheriff’s offices in Brevard,

Escambia, Hillsborough, Holmes, Lee, Okaloosa, Santa Rosa and Walton counties

who Ron DeSantis authorized for 16 days in June and July.

To be fair, at the height of the surge in 2019 when the CBP had 977,509 encounters the idea of hiring 1,000

civilian "co-ordinators" became popular if Congress could budget the funds but when the total dropped by half

in 2020, so did Congressional interest.

Perhaps, this year, or next   /s

 
 

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