Texas’s Immigration Bill Allows for Jailing of Police Who Disobey

I have wondered when a state would stand up to the liberal sanctuary officials or those who would subvert the laws of our nation. Since Austin the capital has turned into a Texas version of a liberal bastion of the insane I am kind of surprised they are one of the first states to try and pass something like this. The republican governor has evidently had enough of the B.S.

By
Dan Frosch

Updated May 5, 2017 12:26 p.m. ET


DALLAS—Texas is moving closer to enacting one of the nation’s toughest immigration laws after legislators approved a bill barring municipalities and police departments from adopting sanctuary policies for undocumented immigrants.

Under the legislation, which Gov. Greg Abbott has promised to sign, local law-enforcement officials could face criminal penalties if they don’t comply with requests

The Texas bill would establish penalties for police chiefs, sheriffs, and any Texas municipality who refused a detention request by federal immigration officers and those that did refuse could face anywhere from a thousand to a fifteen hundred dollar fine for the first offense along with a possible year in jail.. The article is by subscription so sorry about that..

Earlier this year, the Democratic sheriff of Travis County, Sally Hernandez, ordered her department to stop detaining illegal immigrants on behalf of federal authorities, a practice that would be barred under the bill.

In response, Mr. Abbott, a Republican, stripped $1.8 million in state grants from the county, which includes most of Austin.

www.wsj.com...

a reply to: 727Sky

What?

Penalties for not obeying the law?

a reply to: 727Sky

Texas has the right to enact laws that affect the way state implements "public safety". If the state of Texas sees fit to require local agencies to use their local funds and resources to enforce federal immigration laws, and keep undocumented immigrants indefinitely in local jails and prisons, housing them, clothing them, feeding them and providing them with medical services, that's their business.

But, the Federal Government is outside of it's authority to require local law enforcement to do the job of federal agents and agencies, especially without remuneration and compensation. This is a "States' Right" issue, in respect to State's sovereign authority to determine how to enforce public safety for their own communities and citizens.

There is no federal law that compels local law enforcement to accept the duties of federal agents or that requires local fund to be used to house and feed incarcerated aliens no for other crime other than their undocumented status. "Sanctuary Cities" are a term for the cities and local municipalities that refused to comply with Obama's Executive Order; "The Secure Communities Program". en.wikipedia.org...

The Trump Administration has done nothing to relieve the problem of local municipalities being forced to use their own resources and funds to do ICE's job, or to address communities' and local leaders' warnings of the program's risk to public safety.

This whole "Sanctuary City"/"States' Rights" mess will end up in the Supreme Court.

a reply to: 727Sky

It's pretty hard to weed out illegal immigrants in Texas when you can go to any of the bigger flea markets (particularly in the Houston area) and get extremely realistic state ID or driver's license, social security cards or even passports- good enough that most officials wouldn't give them a second glance- for under $30. Heck, that's how my kids and their friends got into bars and such before they got to legal age. You have to have eagle eyes and time to inspect every little detail to differentiate them from the real deal.

Sound like a Texas Round Up.

Yeaaahh, bout that time of the year.

a reply to: GeauxHomeYoureDrunk

Just scream LA MIGRA.

Collect the ones that run.

originally posted by: infolurker
a reply to: 727Sky

What?

Penalties for not obeying the law?

There is usually not a law that makes you preform the actions your boss says at an occupation....


For example..

Is it a crime if a cop doesn't give a speeding ticket because they were in labor???

Sure he can be fired... You can be fired for any reason.. But should they be able to jail the officer???

That's some crazy mess...

originally posted by: windword
a reply to: 727Sky

Texas has the right to enact laws that affect the way state implements "public safety". If the state of Texas sees fit to require local agencies to use their local funds and resources to enforce federal immigration laws, and keep undocumented immigrants indefinitely in local jails and prisons, housing them, clothing them, feeding them and providing them with medical services, that's their business.

But, the Federal Government is outside of it's authority to require local law enforcement to do the job of federal agents and agencies, especially without remuneration and compensation. This is a "States' Right" issue, in respect to State's sovereign authority to determine how to enforce public safety for their own communities and citizens.

There is no federal law that compels local law enforcement to accept the duties of federal agents or that requires local fund to be used to house and feed incarcerated aliens no for other crime other than their undocumented status. "Sanctuary Cities" are a term for the cities and local municipalities that refused to comply with Obama's Executive Order; "The Secure Communities Program". en.wikipedia.org...

The Trump Administration has done nothing to relieve the problem of local municipalities being forced to use their own resources and funds to do ICE's job, or to address communities' and local leaders' warnings of the program's risk to public safety.

This whole "Sanctuary City"/"States' Rights" mess will end up in the Supreme Court.

I think the bigger issue is that they are making it law period for an officer to "do his job"..


What people know, but do not realize is that any and every law, no matter how small is based on deadly force...


If the situation can never be escalated to that the law effectively has no teeth.

For example using this...

Cop pulls some one over and decides to let them slide...he is then caught and fined..but he refuses to pay the fine so he is arrested .. He refuses to be arrested, so now they have the legal authority to use deadly force..


With any law we have to ask our selves "in the worst case scenario, is it ok to use deadly force on some one over this??? "

And it happens every day...

Kid gets pulled over for no tag light , acts fidgety because he is nervous and winds up dead because he didn't follow an order properly..

a reply to: 727Sky

Texas oh texas oh hail the mighty state! Texas oh texas so wonderful so great!

originally posted by: JoshuaCox

originally posted by: infolurker
a reply to: 727Sky

What?

Penalties for not obeying the law?

There is usually not a law that makes you preform the actions your boss says at an occupation....


For example..

Is it a crime if a cop doesn't give a speeding ticket because they were in labor???

Sure he can be fired... You can be fired for any reason.. But should they be able to jail the officer???

That's some crazy mess...

Aiding and abedding a law breaker is a crime. The Cop should escort the people to the hospital then take the driver into custody for speeding and public endangerment. Only official vehicles are allowed to speed. OR issue the man a speeding ticket and a summons to appear in court. Both are options the policeman has.

a reply to: 727Sky

sounds like a good thing to me. i mean, the law is the law right? illegal is illegal, detain and deport.

a reply to: windword

I think its important to understand the feds are not requiring locals to do their job. This entire mess deals with ICE detainees for illegal immigrants who are already in police custody. The detainer means the person is to remain in jail until transported to an ICE facility to appear before an immigration judge.

Liberal leftists have been releasing illegals back into the population while ignoring the detainer requests. Some of the illegals released have felony criminal records.

a reply to: Xcathdra

Local authorities are supposed to detain undocumented immigrants for 48 hours, until ICE picks them up, not indefinitely. Recently, Miami/Dade, which was considered a sanctuary city, buckled under Trump's financial threats:

Since 2013, Miami-Dade has refused to indefinitely detain inmates who are in the country illegally and wanted by ICE — not based on principle, but because the federal government doesn’t fully reimburse the county for the expense.
....................
"We're going to have to find a way to not jeopardize those who come to this country for freedom," she says, adding that she is, however, understanding that Gimenez was acting to protect the county budget.

Miami-Dade, a county where more than half the population is foreign-born, had never designated itself an official sanctuary area. But as of 2013, the county operated like one: That year, the county commission passed a bill forcing county jails to refuse requests to detain undocumented immigrants indefinitely.
www.miaminewtimes.com...

Some definitional elements of sanctuary city policy

1. "Policies or laws that limit the extent to which law enforcement and other government employees will go to assist the federal government on immigration matters."2
2. "Policies that disregard requests from ICE to indefinitely hold immigrant inmates beyond their detention date."3
3. Policies that "bar local police from asking for proof of citizenship and from arresting immigrants who lack documentation unless they are suspected of committing other criminal offenses.

Most local authorities in "Sanctuary Cities" feel that items 1 & 3 jeopardize public safety, specifically by eroding trust and cooperation with immigrant communities, making it more difficult for law enforcement to do their jobs.

What Is the Existing Federal Policy?

...The Priority Enforcement Program (PEP) enables DHS to work with state and local law enforcement to take custody of individuals who pose a danger to public safety before those individuals are released into our communities. PEP was established at the direction of DHS Secretary Jeh Johnson in a November 20, 2014 memorandum that discontinued the Secure Communities program.

» Under PEP, the local law enforcement has discretion on whether to enter into an agreement with a federal ICE program.
cliniclegal.org...

a reply to: windword

48 hours excluding weekends and holidays to be precise. An ice detainer is not an order by the way and thus far the cases brought in 2015 with regards to ice detainers have all been settled out of court.

ACKU - ICE Detainer

As with any person arrested anywhere in the United States, before they are released from custody they are run through to local / state / federal system for any other warrants / detainers. If one pops the person is held until the appropriate agency picks the person up.

a reply to: Xcathdra

If one pops the person is held until the appropriate agency picks the person up.

UNTIL..........Which was meant to mean within 48 hours, give or take for weekends and holidays. But, from what I've read, local municipalities are complaining that ICE leaves these detainees indefinitely in the hands of local authorities, because of an apparent judicial backlog, lack of staffing and federal detainment space. Local municipalities are being ordered to keep detainees indefinitely, until ICE gets to them, whenever that may be.

At least Trump has said that he's hiring more federal judges to get through the backlog, and more ICE agents.

It's sad that it takes another law and threat of prison to get law enforcement to do their job and follow the law.

Immigration laws are federal.
States can not pick and choose which federal laws to follow.

I am all for changing some federal laws that should be state business. The federal government has too much power over some things. But immigration is under federal jurisdiction for a reason. What kind of nation would we be if every state could make up their own international immigration laws?

a reply to: windword

The 2015 cases listed by the ACLU show 3 days with the exception of one, which lasted a few weeks. Also you will note the bulk of the cases dealt with people who were US citizens.

As for hiring more judges he has also changed their schedules. They are now required to work from early morning to like 10 or 11 pm (in shifts of course) in addition to stationing judges at actual ICE detention facilities to expedite the legal portion of it.

a reply to: BlueAjah

In all fairness though state and local law enforcement is not empowered to enforce federal law any more than federal law enforcement can enforce state / local laws. There was a federal program that use to train / allow law enforcement to enforce federal immigration laws but Obama ended the program and revoked all the "cross commissions".

This issues resides solely with local county jails releasing people on ice detainees / refusing to honor the detainees.

Also for what it is worth the Federal government is constitutionally barred from forcing state / local law enforcement to act on behalf of the federal government.

Everybody is making this way more complicated except a few posters.

Arrest them immediately and deport via Train/Bus asap. Caught again and its off to Guantanamo where people that took it fast can now take it slow. That's where they will want to go. Right down to Guantanamo.

Peace.

a reply to: 727Sky

AUSTIN — Gov. Greg Abbott has signed the state's sanctuary city ban into law, achieving one of his major goals for the legislative session and enacting a bill that is almost certainly headed for legal challenges from opponents.

"Texans expect us to keep them safe, and that is exactly what we are going to do by me signing this law," Abbott said before inking his signature during a Facebook Live video Sunday night -- the first time a Texas governor has signed a bill through an Internet live stream.

Abbott, who designated the ban as an emergency item in January, signed the bill just four days after both chambers of the Legislature gave it final approval. Its passage is a major victory for Abbott and Republicans who advocate for stricter enforcement of immigration law. The Legislature has tried to pass a ban every session since 2011.

The law will go into effect Sept. 1.

www.dallasnews.com...