Governor Perry Takes Action [UPDATED By Patterico]
[guest post by Dana]
In light of the federal government opting not to do its job in securing the border, Governor Perry is taking action.
TX can’t afford to wait for D.C. to act on the border & won't sit idly by while safety of our citizens is threatened.
http://t.co/hZz0WNMPCG
— Rick Perry (@GovernorPerry) June 19, 2014
The Texas border remains unsecured, threatening the safety of Texas citizens and provoking a humanitarian issue in our border counties. According to recent Texas threat assessments, the majority of Mexican cartels maintain control of networks in Texas to support drug and human smuggling operations. The various crimes directly related to cartels – murder, sexual assault, extortion, child prostitution, home invasion – put Texas citizens’ lives at risk and strain the resources of state and local law enforcement and criminal justice systems. In addition, apprehension of unaccompanied minor children in the Rio Grande Valley more than doubled last year, overwhelming federal resources and creating the potential for increased drug trafficking and human smuggling.
The responsibility for securing the border rests exclusively on the federal government. The federal government’s failure to secure the border has created an incentive for families to send their children on a dangerous, and sometimes fatal, journey. Until the federal government fulfills its duty, it falls on the state of Texas to address those obligations.
–Dana
UPDATE BY PATTERICO: Several days ago, I said:
Right now, Abbott is seeking federal funds to pay for this. What if the funds are denied? That’s where is gets interesting. What if Abbott decides to employ state resources to defend a border that the federal government is clearly taking no steps to protect?
It’s now interesting.
Texas’ top three lawmakers agreed Wednesday to spend tens of millions dollars to fund a surge operation along the border to deal with the influx of Central American children pouring into Texas.
Gov. Rick Perry, Lt. Gov David Dewhurst and House Speaker Joe Straus authorized a deal for emergency funding of $1.3 million per week for a Department of Public Safety surge operation that will run through at the least the end of the year.
Will Obama try to stop this?
Maybe he hasn’t noticed, but now a lot of people are running towards, not away, from the immigration authorities.
Criminal gangs are probably threatening people in certain places in Central America, and sometimes carrying out their threats, and basically they have to pay ransom (about $9,000) in the form of transportation through Mexico and across the Mexico-U.S. border. It’s probably the same gang.
Sammy Finkelman (95e288) — 6/19/2014 @ 7:21 amthis smells like a dodge to avoid calling a special legislative session
happyfeet (8ce051) — 6/19/2014 @ 7:23 amI commend Gov. Perry for this. I know that it’s just words, but as a political strategy it’s much more effective than his other douchnozzle nonsense.
carlitos (c24ed5) — 6/19/2014 @ 7:35 amYes, Obama will try to stop this. Will probably file a federal court action to get an immediate court order for Texas to cease their immigration enforcement.
DejectedHead (a094a6) — 6/19/2014 @ 7:50 ammilhous obama
Colonel Haiku (2601c0) — 6/19/2014 @ 8:53 amfinding world is much too BIG
to organize… heh
As Sammy said – the border crossers are flagging down Border Patrol agents to turn themselves in. What can TX do instead when the President has effectively ordered BP/ICE/DHS/HHS to welcome them with open arms and pay for the final leg of their journey to endpoints in the US far and wide? Heck, Obama is even paying for lawyers to assure that they cannot be turned back at the border or deported.
The drug cartels and street gangs in Mexico and Central America are glad that Obama is being so helpful in handling the logistics of getting their foot soldiers deep into the American heartland and assuring them safe passage immune to law enforcement.
Fundamentally transforming America indeed.
in_awe (7c859a) — 6/19/2014 @ 8:59 amMethamphetamine
carlitos (c24ed5) — 6/19/2014 @ 9:48 amMust get to Chicago quick
Frontera no vale
DejectedHead (a094a6) — 6/19/2014 @ 7:50 am
So, Obama/Holder get a Federal Judge to issue a restraining order.
askeptic (8ecc78) — 6/19/2014 @ 10:53 amWhat do they then do when Texas literally ‘flips them off’?
Are they going to send US Marshall’s to enforce that decree?
And when the Marshall’s are arrested for interfering and find themselves in a Texas jail?
This could get much uglier than Obama’s dog.
Texas can (probably) apprehend the border crossers, but then what happens? Entering the country illegally is a federal crime, not a state one, and all that can be done is to turn over the illegal immigrants to federal authorities, who are under instructions not to prosecute them.
Nor does Texas have the authority to expel the immigrants once in custody; Texas’ authority does not include setting one toe over the border to do so.
At most, Texas can work to prevent the border crossings, but that’s about it.
The realistic Dana (3e4784) — 6/19/2014 @ 1:43 pmaskeptic wrote:
That is a very disrespectful way to refer to the First Lady!
The Dana with good eyes (3e4784) — 6/19/2014 @ 1:44 pm6. in_awe (7c859a) — 6/19/2014 @ 8:59 am
their foot soldiers deep into the American heartland
That might possibly be Phase 2 or 3, but that’s not what’s going on now. Now they are sendinbg ordinary people, especially minors, or women with small children, trying to make the system collapse.
By and large, actually, drug gangs should not want their members to spend too much time in the United States, because the laws are tougher and they are much more likely to spend a long tiome in jail, and they can’t escape from jail.
Sammy Finkelman (95e288) — 6/19/2014 @ 1:59 pm8. That is IF Texas flips them off.
My guess if Texas doesn’t follow the order, they’ll probably try waging an all out media war on Texas. Boycotts, accusations of racism, they’ll point to Texas as undermining the rule of law, etc etc.
I mean, look at what happened to Arizona when they tried to say that religious exemptions apply to people and not just churches. They got threatened with having the Super Bowl pulled and boycotts.
It’s not just the Feds, it’s all the progressives together.
DejectedHead (a094a6) — 6/19/2014 @ 2:05 pmHello People,
RgDarksideGuard (4e6a4b) — 6/19/2014 @ 2:12 pmMy sources from Intel tell me that Obama is using this method to keep us off of what really is going on. 6/19/14 He was in Colorado Rocky Flatts Nuclear Facility, you know the one that saves your but from getting blown up. He’s praying on the desperate and the sad thing it’s got to be children. He’s a monster in disguise. He has now opened our border’s people and is not stopping terrorism here or abroad. He has basically transformed or government under most Americans eyes. He’s taking our rights away and has ordered our military under 2010 Defense act to fire and kill Americans if they disagree. All I know I am way prepared and there is a lot conspiracies out there so don’t get rapped up in them. Don’t be amazed when we see Martial Law called on us and parts of the country are already having drills for war within our country. You decide and I hope and pray most Americans will be prepared because I am. God Bless
Patterico asked, What if (Texas Attorney General) Abbott decides to employ state resources to defend a border that the federal government is clearly taking no steps to protect?
Then Abbott has the authority to recover those expeditures by withholding the state’s contributions to federal coffers to compensate Texans for the federal government’s failure to fulfill it’s constitutional responsibilities. That’s black letter law.
ropelight (8a7ec0) — 6/19/2014 @ 2:29 pmgomers to goobers
Colonel Haiku (2601c0) — 6/19/2014 @ 3:06 pmprepare to get stung, bit, smacked
or your ass kicked bad
jus’ give us your card
Colonel Haiku (2601c0) — 6/19/2014 @ 3:10 pmwahoo I’m out on border
me and teh Eagles
never mind yer name
Colonel Haiku (2601c0) — 6/19/2014 @ 3:12 pmand jus’ give us yer number
or show us yer card
“Holder, we need a study on this PDQ” snapped the Empty Chair.
htom (412a17) — 6/19/2014 @ 3:14 pmholy sh*t… just witnessed a hawk nail a dove outside my window… rested with it on our fence before taking it up into the redwood in our back yard. that… was… AWESOME!
Colonel Haiku (2601c0) — 6/19/2014 @ 3:23 pmI think Texas law enforcement has some leeway to act in this situation, although I also think the Obama Administration will do everything it can to try to limit what Texas can do. Thus, while Texas may not be able to detain or deport anyone for illegal entry, it can arrest and try them for drug/gun offenses, human smuggling or trafficking, and child endangerment. My guess is many of the people crossing the border are committing, involved in, or connected with these offenses.
In addition, the border crossers may be turning themselves in to Texas authorities but I doubt the smugglers are. In the past, Texas has been very aggressive with smugglers who present a threat on the border, even if they don’t cross the border.
Mike (8c79bc) — 6/19/2014 @ 3:45 pmDejectedHead (a094a6) — 6/19/2014 @ 2:05 pm
Well, there’s always the Putin Response:
askeptic (8ecc78) — 6/19/2014 @ 4:09 pmShut down all the pipelines leaving TX for Blue America.
Carlitos:
It’s not just words, it’s action. “With this letter, you are directed to plan and execute a surge operation of increased law enforcement in Texas border counties.” What is ambiguous about that order?
DejectedHead:
I don’t see how. Even if Texan officers were actually going to be turning infiltrators back at the border, I don’t see how 0bama could stop it. If I were in Perry’s shoes, and a federal judge ordered Texas officers to stand aside and allow infiltrators to cross the border, I’d ignore it, declare that the judge was ultra vires, and order my officers to continue doing their duty. What could the judge possibly do about it without discrediting himself? But as it is, that doesn’t even arise. This order says nothing about border enforcement, just about law enforcement, and how could any court enjoin a state from doing that?
Dana:
Several options:
1) Expel them over the border. What’s the border patrol going to do about it? Stop them?!
2) State prosecutors bring charges in federal court; when asked why the federal prosecutors aren’t there, say that’s a very good question, and the state prosecutor is perfectly willing to hand the case over as soon as a federal prosecutor shows up.
3) Prosecute in state court, on grounds that federal law is “the supreme law of the land, and the judges in every state shall be bound thereby”. What can 0bama say about that? The supremacy clause is what he rests on for his entire case against the states; he can’t repudiate it now!
But as I wrote above it doesn’t really arise, because this order says nothing about immigration enforcement, just ordinary law enforcement. It’s not intended to stop the infiltration, but to prevent the crimes that it’s causing.
Sammy:
Wrong. Patterico has already reported a few days ago that the teenage infiltrators include known gang members. They are embedding their people in the USA now, while the going is good.
DejectedHead:
I think Texans are made of sterner stuff than that.
RgDarksideGuard (4e6a4b) :
You’re nuts. Get back in your black helicopter, or wherever you came from.
ropelight:
I’m sorry, I wasn’t aware that states actually make contributions to federal coffers. I thought the feds get their money direct from individual taxpayers. Which payments would Abbott be able to withhold?
Milhouse (b95258) — 6/19/2014 @ 4:11 pmMilhouse, the State’s collect as agents, the Federal Fuel Tax, and forward those monies to the Treasury, do they not? That would be source of funds to tap.
askeptic (8ecc78) — 6/19/2014 @ 5:07 pm22. Yes people can ignore the orders. Yes Texas can ignore orders too. It is just a question of if they are willing to take it that far.
And I hope Texas would be made of sterner stuff. Austin is already on their side. I’m sure Dallas would be hopping mad if they lost a 2016 Superbowl or something. The administration would just love to block oil pipelines into the state. Just depends on how serious it gets.
They’ll probably do nothing if Texas enforces immigration.
DejectedHead (06f486) — 6/19/2014 @ 5:44 pmI think Texas DA need to start filing child endangerment charges against Federal immigration officials in Texas — especially those in charge of the facilities holding minors. File state charges to take it out of Federal court. Send a few to jail and see what happens.
Mark L (da8bb9) — 6/20/2014 @ 5:23 amMark L (da8bb9) — 6/20/2014 @ 5:23 am
I think Texas DA need to start filing child endangerment charges against Federal immigration officials in Texas — especially those in charge of the facilities holding minors.
I think the ACLU (of Arizona) is doing something of that nature already.
http://www.nytimes.com/2014/06/19/us/border-centers-struggle-to-handle-onslaught-of-children-crossers.html?_r=0
Sammy Finkelman (966b43) — 6/20/2014 @ 6:52 amI omitted this link. (and use dthe same link twice)
http://www.nytimes.com/video/multimedia/100000002939473/advocacy-groups-claim-abuse-neglect-at-migrant-detention-centers.html
Sammy Finkelman (d22d64) — 6/20/2014 @ 2:44 pm