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Red state immigration law stopped cold by GOP-appointee days before it was to take effect

A Texas law that would allow state and local police to arrest people suspected of having crossed the southern border illegally is once again halted, a day before it was supposed to take effect.

Senate Bill 4, passed in 2023, makes the illegal crossings of the Mexico-Texas border a state crime. It also requires state magistrate judges to order those arrested for illegal entry to leave the country for Mexico if they are convicted, or in lieu of prosecution.

Civil rights groups brought a lawsuit earlier this month, arguing that the sections involving the state’s judicial system are unconstitutional because they encroach on the federal government’s sole authority over immigration laws. It also challenged the state crime provision, saying that the law provides no defense for people who had federal permission to enter the country or those who might have pending immigration status, such as a green card.

U.S. District Judge David Alan Ezra granted the preliminary injunction against these sections of the law on Thursday. The Reagan appointee had signaled during a Wednesday hearing that he considered them unconstitutional.

“Indeed, it is implausible to imagine each of the fifty United States having their own state immigration policy superseding the powers inherent in the United States as a Nation,” Ezra reiterated in his written ruling.

The American Civil Liberties Union, the ACLU of Texas and the Texas Civil Rights Project said his decision reaffirmed that immigration laws are not up to the states, while adding that SB 4 would cause widespread racial profiling.

“Texas cannot override the U.S. Constitution and should stop wasting time attempting to do so,” the groups said in a joint statement to The Texas Tribune.

Attorney General Ken Paxton’s office didn’t immediately respond to a comment request.

This lawsuit came after the 5th U.S. Circuit Court of Appeals tossed a previous legal challenge against SB 4, which was brought by immigrants and organizations that work with migrants. But instead of ruling on the constitutionality of the law, the appeals court dismissed that case last month after finding that the plaintiffs did not have standing to sue.

Texas leaders, which cheered the appeals court’s dismissal as a win for public safety, have insisted that SB 4 is valid because it mirrors federal immigration law.

In addition, they have argued that Texas has a sovereign right to defend its borders. In 2023 when the law was being proposed, there were record-high illegal border crossings, which officials said amounted to an invasion. Those figures have since dropped drastically.

During the Wednesday hearing, David Bryant with the attorney general’s office didn’t say the state was abandoning the invasion argument despite acknowledging the slower pace of illegal border crossings. Bryant did argue that the case should be dismissed because SB 4 had not taken effect and that Department of Public Safety Director Freeman Martin, the only named defendant in the lawsuit, had not decided how state police would enforce the law.

In the meantime, DPS and many law enforcement agencies across Texas have already partnered with federal immigration agents through the 287(g) program, including under the task force model that allows officers to question individuals about their immigration status during routine policing work.

This article first appeared on The Texas Tribune.

Gov. Greg Abbott signs legislation barring trans youth from accessing transition-related care

June 2, 2023

"Gov. Greg Abbott signs legislation barring trans youth from accessing transition-related care" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

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Embattled Texas AG dismissed investigators as partisan Democrats — but their backgrounds suggest otherwise

After investigators for a Texas House committee concluded Wednesday that Attorney General Ken Paxton may have broken state laws and misused the powers of his office, Paxton responded by dismissing the findings as false testimony from “highly partisan Democrat lawyers.”

An examination of the history of the investigators for the House General Investigating Committee found no basis for Paxton’s claim. Most of the lawyers had ties to both political parties, though there were overall deeper connections to Republicans.

The committee quietly launched its investigation in March after Paxton and his agency agreed to pay $3.3 million to settle a lawsuit by four of his former deputies. The plaintiffs said they were improperly fired after telling federal and state investigators they believed Paxton had accepted bribes and engaged in other misconduct.

The Republican-led committee tasked five attorneys, who have over 120 years of legal experience combined, with the inquiry: Erin Epley, Terese Buess, Mark Donnelly, Donna Cameron and Brian Benken.

“The false testimony of highly partisan Democrat lawyers with the goal of manipulating and misleading the public is reprehensible,” Paxton said in a statement Wednesday.

But a Texas Tribune review of the investigators’ employment history, voting records and campaign donations did not support Paxton’s claim. Many served under both Republican and Democratic administrations during their careers as prosecutors. And taken together, the investigators donated several times more money to Republicans than to Democrats over the past decade.

Erin Epley

Epley, who led the inquiry, has worked under leaders from both political parties.

Between 2007 and 2016, she served as a public prosecutor in Harris County under both a Republican and Democratic district attorney. She later worked as an assistant U.S. attorney in the Southern District of Texas in late 2018 after former President Donald Trump nominated Ryan Patrick — Lt. Gov. Dan Patrick’s son — to be the district’s top federal prosecutor. Epley continued as a federal prosecutor in the Biden administration until March 2023.

Epley has previously voted in both parties’ primary elections and has made small donations to Democratic and Republican candidates.

In 2017, she donated $200 to Democrat Chris Morton, who was elected as a district court judge. A year later, she gave $50 to Republican Tammy J. Thomas, who ran for the 262nd Criminal District Court. In 2019, she contributed $100 to Derrick Reed, an unsuccessful Democratic candidate for the U.S. House in a district that includes the greater Houston area.

Brian Benken

Benken served as an investigator and assistant district attorney in the late 1980s and early 1990s in the Harris County district attorney’s office, which was headed by a Republican. He later became a criminal defense attorney and eventually a popular private investigator, according to the Houston Chronicle.

Benken has donated a few thousand dollars exclusively to GOP candidates, including more than $900 to Trump in 2020. He also has voted in Republican primaries.

Terese Buess

Buess is a veteran prosecutor in the Harris County district attorney’s office, having worked there since 1991, meaning she has served under both Republican and Democratic leaders.

For most of the past decade, she voted in Republican primary elections — but in 2020, she cast her ballot in the Democratic primary race. Buess has also donated $1,200 total to several Republican judge candidates since 2010.

Mark Donnelly

During his career, Donnelly has also served under leaders of both parties. Between 2001 and 2009, he worked as an assistant district attorney in the Harris County district attorney’s office, which was largely headed by a Republican. He later served in several roles in the U.S. Department of Justice between 2009 and 2022, which saw multiple changes in administration.

Donnelly has also voted in Republican primaries. And over a decade ago, he donated $200 each to three GOP judicial candidates.

Donna Cameron

Cameron worked as an assistant district attorney in Galveston County, including under a Republican top prosecutor.

Cameron has mostly voted in Republican primary elections, although she voted in the 2020 Democratic primary. And according to state financial campaign records, she donated $600 total to several judge candidates, including several Republicans and one Democrat over the past few years.

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Pivotal House vote moves Texas closer to banning puberty blockers, hormone treatments for trans kids

May 12, 2023

"Pivotal House vote moves Texas closer to banning puberty blockers, hormone treatments for trans kids" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

For mental health support for LGBTQ youth, call the Trevor Project’s 24/7 toll-free support line at 866-488-7386. For trans peer support, call the Trans Lifeline at 877-565-8860. You can also reach a trained crisis counselor through the Suicide and Crisis Lifeline by calling or texting 988.

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Protesters evicted from Texas Capitol as clash between LGBTQ residents and GOP leaders escalates

May 2, 2023

"Protesters evicted from Texas Capitol as clash between LGBTQ residents and GOP leaders escalates" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

For mental health support for LGBTQ youth, call the Trevor Project’s 24/7 toll-free support line at 866-488-7386. For trans peer support, call the Trans Lifeline at 877-565-8860. You can also reach a trained crisis counselor through the Suicide and Crisis Lifeline by calling or texting 988.

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'A death sentence': Trans Texas teen plots his future as proposed ban on hormone therapy progresses

For mental health support for LGBTQ youth, call the Trevor Project’s 24/7 toll-free support line at 866-488-7386. For trans peer support, call the Trans Lifeline at 877-565-8860. You can also reach a trained crisis counselor through the Suicide and Crisis Lifeline by calling or texting 988.
Keep reading...Show less

Texas Republicans have filed dozens of bills affecting LGBTQ people. Here’s what they’d do.

March 6, 2023

"Texas Republicans have filed dozens of bills affecting LGBTQ people. Here’s what they’d do." was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

For mental health support for LGBTQ youth, call the Trevor Project’s 24/7 toll-free support line at 866-488-7386. For trans peer support, call the Trans Lifeline at 877-565-8860. You can also reach a trained crisis counselor through the Suicide and Crisis Lifeline by calling or texting 988.

Keep reading...Show less

Texas agriculture commissioner orders employees to wear clothes 'consistent with their biological gender'

Texas Agriculture Commissioner Sid Miller is ordering his employees to dress “in a manner consistent with their biological gender,” the latest move by the state’s Republican leaders against transgender people.

Miller issued the requirement as part of a “dress code and grooming policy” that is dated April 13. The Texas Tribune obtained a copy of the policy, which was first reported Monday by The Texas Observer. The two-page policy applies to all employees for the agency that Miller leads, the Texas Department of Agriculture, as well as interns and contract employees. If anyone violates the policy, they will be asked to go home and change. If problems persist, the memo says, employees can face “remedies up to and including termination.”

Brian Klosterboer, an attorney with the ACLU of Texas, said this dress code provision violates Title VII — which bans employment discrimination based on sexual orientation or gender identity — as well as the First Amendment’s right to free expression and the Equal Protection Clause.

“State agencies should be focused on doing their jobs and not discriminating against their own employees and trying to make political statements through their agency regulations,” he said. “There is no important governmental interest that this can meet.”

The department did not immediately respond to a request for comment on the policy.

The policy comes as LGBTQ advocates are fighting a wave of hostile legislation at the Capitol, including proposals to restrict gender-affirming care for transgender children. Miller has been a vocal proponent of such legislation.

GOP lawmakers have also been focused on drag shows. The Senate passed two bills earlier this month that would restrict drag performances that children attend or see.

Ricardo Martinez, CEO of LGBTQ advocacy group Equality Texas, said the vague language is trying to enforce gender stereotypes.

“Are women no longer allowed to wear suits? Can men wear necklaces?” Martinez said. “While this policy was clearly designed to target transgender employees, it will have a negative impact on everyone. Any policy that is designed to target a specific group degrades the whole department. Texans deserve better.”