ACLU calls for investigation into Texas' transporting migrants to ports of entry
The American Civil Liberties Union is calling for the federal government to investigate state law enforcement's practice of transporting migrants to the border to be put into federal custody.
The ACLU and ACLU Texas called for an investigation Monday in a complaint to the Department of Homeland Security's Office for Civil Rights and Civil Liberties.
The ACLU is calling into question the legality of transporting migrants to ports of entry for federal officials. This practice came about after a July 7 executive order from Gov. Greg Abbott authorizing the Texas National Guard and the Texas Department of Public Safety to apprehend immigrants who cross the border between ports of entry at the border and transport them to ports of entry.
ACLU says there are legal issues with Abbott's orders
The ACLU cites Texas Tribune reporting of state law enforcement carrying out the governor's orders. The letter specifically notes a Texas Tribune report of DPS officers transporting about a dozen people believed to be migrants to a commercial vehicle inspection site in Eagle Pass, detaining them for almost three hours and then transferring them to Border Patrol custody.
The ACLU says it has two concerns with this practice. One is state officers arresting people on immigration grounds, which the group says is legally and typically within the scope of federal officers' duties. The second is the detention of migrants on federal property by state officers, which the ACLU says violates Customs and Border Protection's National Standards on Transport, Escort, Detention and Search. Those policies, the letter says, have standards for vehicles used to transfer migrants, the conduct of officers, and detention conditions.
"Texas DPS officers are not bound by those same standards in their day-to-day operations. This disparity may lead to migrants being held on federal property in conditions that are not in compliance with the (National Standards on Transport, Escort, Detention, and Search) and that may be dangerous," attorneys wrote.
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The letter pointed to the standards on the treatment of specific individuals, including pregnant people, and the temperature of the location where people are detained.
Officials with DPS and Abbott's office did not respond to requests for comment.
In a statement, the Texas National Guard said: "Texas guardsmen are working in support of DPS to deter migrants from crossing, encourage turn-backs and stop potential smuggling operations. On orders directed by the governor, Texas Military Department has the authority to apprehend individuals trespassing on private property, and when they do, those individuals are turned over to our law enforcement partners. As needed, service members from (Texas Military Department) assist law enforcement partner agencies who are transporting migrants to designated federal facilities, to include ports of entry."
U.S. Customs and Border Protection also did not respond to a request for comment. Customs and Border Protection Commissioner Chris Magnus briefly commented on Abbott's executive decision in a July 8 news conference on a different investigation.
"We have a shared interest with Texas DPS as well as other state officials in maintaining a safe, orderly, humane immigration process," Magnus said. "This is consistent, in fact, with what we're doing in all the states along the border. We stand ready to work with Texas to achieve these goals, but the challenge is when any state, such as Texas, takes unilateral actions that just makes it harder for us to do this."
ACLU calls for investigation, collecting data
The ACLU also urged the Department of Homeland Security not to support and work with Texas law enforcement on these actions.
"Specifically, (the Department of Homeland Security) should decline to take custody of individuals in these circumstances, and should prevent Texas state and local officials from detaining individuals on federal property pursuant to Gov Abbott's executive order," ACLU attorneys wrote.
The attorneys requested that the Office of Civil Rights and Civil Liberties monitor Texas ports of entry, including the one at Eagle Pass, and collect and publish data on instances in which people were transferred from DPS custody to Department of Homeland Security custody. They also asked the office to identify gaps in policy and to identify and address any possible civil rights violations occurring from Abbott's executive order.
Abbott's plan could score political points
Abbott's July 7 executive order is not his first move on immigration, but it is his first executive order since an October order to prohibit vaccine mandates.
Abbott also directed the Texas Division of Emergency Management in April to bus migrants to Washington and now to New York, according to an Aug. 5 news release from the governor's office.
"In addition to Washington, D.C., New York City is the ideal destination for these migrants, who can receive the abundance of city services and housing that Mayor Eric Adams has boasted about within the sanctuary city," Abbott said in the release. "I hope he follows through on his promise of welcoming all migrants with open arms so that our overrun and overwhelmed border towns can find relief."
More:Abbott taps indicted Austin cop, GOP candidate for Texas law enforcement panel
Abbott has poured billions of dollars into border security. Operation Lone Star, Abbott's mobilization of state law enforcement and military for border security starting March 2021, includes arresting and jailing migrants on state criminal trespassing charges.
Immigration enforcement is a prerogative of the federal government, University of Texas Rio Grande Valley professor Terence Garrett said. However, Texas is creating a role and pushing the scope of immigration enforcement by the state.
Abbott is running for reelection against Democratic candidate Beto O'Rourke. Abbott's focus on immigration is sure to win him political points, Garrett said.
"He's up for reelection, and he knows that this is a winning issue for his constituents," Garrett said.
This article originally appeared on Austin American-Statesman: ACLU calls for investigation into Texas' transporting migrants to ports of entry
