Fifty Texas House Democrats have sent a letter to the U.S. Departments of Justice and Homeland Security requesting a federal investigation into Gov. Greg Abbott's immigration and border policy known as Operation Lone Star, calling the initiative unconstitutional and a violation of migrants' civil and due process rights.
The lawmakers' chief concern with Operation Lone Star is its novel approach to immigration enforcement: arresting and detaining migrants on state misdemeanor criminal trespassing charges. The letter, sent Wednesday, reads in part: "From its inception, Operation Lone Star has suffered from Constitutional deficiencies that upend our federal system of government. Governor Abbott has unilaterally set this state immigration policy and created a system of state immigration enforcement to be carried out by various state agencies."
The letter goes on to argue that the resulting swell of migrant arrests has overwhelmed local court systems that don't have the resources to process the cases in a timely manner, and has led to some migrants remaining in state custody for weeks as they wait for a court date, in possible violation of their due process rights.
"Gov. Abbott is draining our local criminal justice system and agencies to play politics with our border communities. His creation of a separate criminal prosecution and detention system makes a mockery of the due process rights foundational to our nation's judicial process. Members of the Texas House of Representatives seek answers and urge the Department of Justice to intervene and officially investigate the legality of this unsustainable and cruel program," said Rep. Mary González, D-Clint, in a news release sent out with the letter.
Operation Lone Star is facing numerous legal challenges over its constitutionality, including disputes over more than 400 migrant arrests conducted during the program. A state district judge in Austin ruled in one case this month that the policy is unconstitutional because it amounts to illegal enforcement of federal immigration laws.
Abbott launched Operation Lone Star in March 2021, announcing he was sending thousands of National Guard troops and Department of Public Safety officers to the border to curb a sharp increase in illegal immigration. Abbott has been an outspoken critic of the Biden administration over its handling of the border, and he has widely touted the issue as one of his priorities on the campaign trail as he seeks a third term.
"Texas will not sit idly by while President Biden and Texas Democrats support open border policies and abandon any pretense of the rule of law. Instead, Gov. Abbott launched Operation Lone Star to combat the smuggling of people and drugs, including deploying over 10,000 Texas National Guard soldiers and DPS troopers, erecting barriers, and building the Texas border wall to deter crossings," Abbott spokesperson Nan Tolson said in a statement to the American-Statesman.
But Operation Lone Star recently has faced scrutiny from Republicans and Democrats, after reports from the Army Times and the Texas Tribune indicated that troops deployed to the border as part of the program are facing poor living and working conditions, as well as regular delays in payment. The reports also drew a connection between the operation and a recent string of suicides and suicide attempts among servicemembers at the border, which the Democrats referenced in their letter.
"When Gov. Abbott is in a political jam, he trashes our Texas border and uses Texas soldiers as a campaign backdrop. And our men and women in uniform deserve better and are sick and tired of this treatment. No American soldier should have to wonder if they will be able to provide for their family or pay rent. We urge the Department of Justice to launch an investigation into Operation Lone Star to protect Texan troops," Rep. Rafael Anchía, D-Dallas, said in a news release from the Mexican American Legislative Caucus.
All 13 Democrats who represent Texas in the U.S. House also called for an investigation into Operation Lone Star earlier this month.
Abbott has pushed back against criticism over Operation Lone Star.
"Texas Democrats are shilling for their liberal candidate for governor, Beto O'Rourke, who supports President Biden's reckless open border policies that have created a crisis along our southern border, including killing thousands through fentanyl overdoses and endangering the lives of women and children through human trafficking," Abbott campaign spokeswoman Renae Eze said in a statement to the Statesman.
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