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    Default Migrant's arrest under 'Operation Lone Star' ruled unconstitutional


    ABC News
    Migrant's arrest under 'Operation Lone Star' ruled unconstitutional
    ARMANDO GARCIA
    Fri, January 14, 2022, 4:12 PM·4 min read


    Migrant's arrest under 'Operation Lone Star' ruled unconstitutional

    The arrest of an Ecuadorian migrant under Texas Gov. Greg Abbott's initiative "Operation Lone Star" was ruled unconstitutional by a Texas county judge Thursday.

    Some immigration advocates are hopeful the ruling by Travis County Judge Jan Soifer could potentially set a pathway for other migrants arrested under the controversial program.

    Jesús Alberto Guzmán Curipoma, an engineer from Ecuador who hoped to submit a request for asylum, was arrested in September 2021 at a railroad switching yard in Kinney County on a criminal trespassing charg

    Guzmán Curipoma's attorneys, Angelica Cogliano and Addy Miró, argued that Operation Lone Star violates the Supremacy Clause of the U.S. Constitution which establishes that federal law takes precedence over state laws and therefore prohibits state laws form interfering with immigration enforcement by the federal government. Cogliano told ABC News that her client should have been able to submit a claim for asylum, but was instead arrested and detained for weeks.


    The Travis County District Attorney's Office, which represented the state in the hearing, also agreed that Guzmán Curipoma's arrest violated the Constitution.


    "After careful consideration, the Travis County District Attorney's Office agreed that Mr. Guzmán Curipoma's prosecution for criminal trespass as part of Operation Lone Star violates the Supremacy Clause of the United States Constitution and represents an impermissible attempt to intrude on federal immigration policy," said Travis County District Attorney José Garza in a statement. "In addition, DA's office concluded that based on the evidence, there were multiple ways in which the OLS program has failed to satisfy basic, fundamental, and procedural state and federal constitutional safeguards."

    Abbott launched Operation Lone Star in March 2021, deploying thousands of National Guardsmen, Texas Department of Public Safety officers, and other state resources to the border and giving them the authority to arrest migrants under suspicion of criminal trespassing on private and state property.

    Human rights organizations and the ACLU of Texas have called on the Department of Justice to investigate the program which they say sets up an alternative immigration system, one where migrants are arrested for faulty charges and detained for months without being given the chance to apply for asylum or seek representation. In December 2021, the ACLU of Texas and other civil rights groups filed a complaint with the DOJ and cited cases where migrants were allegedly lured onto private property by law enforcement agents so they could be arrested on trespassing charges.


    "Operation Lone Star is a policy whereby they pretextually arrest people that they suspect of being here illegally, which is a fancy legal way of saying people that are brown on the border because there's no other way for anybody to try and determine if somebody looks like they could be illegal. That's not a thing you look like," Cogliano told ABC News "It's authorizing people to use that as a reason to arrest those people for certain offenses and detain them far longer than any U.S. citizen would be detained for that offense in Texas."

    Kathryn Dyer, a clinical professor at the University of Texas School of Law, testified at the hearing on Thursday and spoke about her experience representing other clients arrested under the program.

    "When you start taking away rights and building a separate legal system for people there's kind of no limit to it. This is concerning for immigrants and non-immigrants alike," Dyer told ABC News.

    At a briefing in November, Texas DPS officials said there have been over 9,300 criminal arrests since Operation Lone Star's launch.

    "These very serious constitutional issues have finally been heard and there's a judge that thinks that there were constitutional violations such that the case needed to be dismissed," Dyer said. "I do think that those issues and that ruling could open the door to other challenges."

    A spokesperson for Gov. Abbott told ABC News in a statement that they expect the ruling will be overturned.

    "The district court did not have legal authority to enter this flawed and collusive judgment without hearing from the Office of the Attorney General. There is no doubt that this will be overturned," said Nan Tolson. "In the meantime, Texas will continue to do what the Biden admin refuses to do: stepping up to secure our border and protect Texans from the catastrophic open border policies allowed by President Biden."

    MORE: Biden administration reimposes 'Remain in Mexico' policy

    On Friday, Texas Attorney General Ken Paxton said in a Tweet that he'd challenge the ruling.

    "Lib Austin judge lets a Soros Travis County DA represent State of TX, then declares Op Lone Star unconstitutional. Ridiculous. Biden has FAILED to secure the border. Texas stepped in. We have the right to defend our border if the feds refuse. I'll fight this nonsense on appeal," he tweeted.
    Something needs to be done about these judges that pull this bullshit, imho.
    That judge needs to be removed.
    Obviously put in place by dems/libs (globalists) that desire completely opened borders.
    This is exactly what the scum , the dems do-- put in place corrupt judges that are 100% onboard with their unconstitutional ideology and political agenda.
    In my opinion , corrupt judges that rule by politics instead of by CONSTITUTIONAL LAW.
    There is now not even a shred of decency and desire to do what is right in the totally corrupt dem party.
    As it operates as an inside enemy of this nation and we true and decent citizens.. A fact..--Tyr
    18 U.S. Code § 2381-Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

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  3. #2
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    The ruling should get slammed on appeal. There is nothing unconstitutional about detaining and deporting illegals. The ruling is incorrect.

    What this brings up is: does Texas have the Right to protect its own borders even if that border is a shared international border of the US? I say we do, especially if the US won't enforce its own law.
    “When bad men combine, the good must associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle.” Edumnd Burke

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    Quote Originally Posted by Gunny View Post
    The ruling should get slammed on appeal. There is nothing unconstitutional about detaining and deporting illegals. The ruling is incorrect.

    What this brings up is: does Texas have the Right to protect its own borders even if that border is a shared international border of the US? I say we do, especially if the US won't enforce its own law.

    Texas needs to protect its borders and give the idiot corrupt o'biden scum and dem scum the middle finger while doing so, imho.-- -Tyr
    18 U.S. Code § 2381-Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

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    Quote Originally Posted by Tyr-Ziu Saxnot View Post
    Texas needs to protect its borders and give the idiot corrupt o'biden scum and dem scum the middle finger while doing so, imho.-- -Tyr
    The question for me here is: Given no one probably considered this behavior from the WH possible, has Texas bothered to cover the issue with law? I can see where they might not consider it since it is the US border with Mexico. One would think ...

    If Texas has the laws on the book, and is in fact enforcing Federal law in the absence of leadership from the WH, then Brandon can drop dead and burn in Hell for all I care.

    Of note is this was a Travis Country judge. That's Austin. Ironic, our State Capitol AND home of half the leftwingnuts in Texas. IIRC< the Appeals Court is conservative.
    “When bad men combine, the good must associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle.” Edumnd Burke

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    Quote Originally Posted by Gunny View Post
    The question for me here is: Given no one probably considered this behavior from the WH possible, has Texas bothered to cover the issue with law? I can see where they might not consider it since it is the US border with Mexico. One would think ...

    If Texas has the laws on the book, and is in fact enforcing Federal law in the absence of leadership from the WH, then Brandon can drop dead and burn in Hell for all I care.

    Of note is this was a Travis Country judge. That's Austin. Ironic, our State Capitol AND home of half the leftwingnuts in Texas. IIRC< the Appeals Court is conservative.
    In my opinion Texas should tell the o;biden pos to go get ffkkd!
    As he and his administration are nothing but sold-out crooks and are running a tyrannical government whilst deceiving the American population.
    Should Texas ever leave the union- Iam there quick as a flash.
    Even if I have to go there with nothing but my clothes on..
    Some of us are very damn sick of this bullshit the worthless, lying, totally corrupt, treasonous, ffking dems are getting away with.-- --Tyr
    18 U.S. Code § 2381-Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

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    Quote Originally Posted by Tyr-Ziu Saxnot View Post
    In my opinion Texas should tell the o;biden pos to go get ffkkd!
    As he and his administration are nothing but sold-out crooks and are running a tyrannical government whilst deceiving the American population.
    Should Texas ever leave the union- Iam there quick as a flash.
    Even if I have to go there with nothing but my clothes on..
    Some of us are very damn sick of this bullshit the worthless, lying, totally corrupt, treasonous, ffking dems are getting away with.-- --Tyr
    Not trying to stir up anything; rather, make an observation: The lack of talk about secession is more noticeable than when it was always some casual, checkerboard conversation at barber shops, bars and General Store.

    Tells me it's probably gone underground with a more serious tone.

    What's going to happen if the Federal gov't continues to pretend the Border doesn't exist, and keeps trying to tie Abbott's hands, look for vigilantism from fed up property owners and citizens paying for a non-taxed burden on our infrastructure. Last time vigilantism was en vogue, it was carried out by six shooter, not a court.

    Not promoting it. Pointing it out as a very real possible result of DC's current attitude.
    “When bad men combine, the good must associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle.” Edumnd Burke

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    Quote Originally Posted by Gunny View Post
    Not trying to stir up anything; rather, make an observation: The lack of talk about secession is more noticeable than when it was always some casual, checkerboard conversation at barber shops, bars and General Store.

    Tells me it's probably gone underground with a more serious tone.

    What's going to happen if the Federal gov't continues to pretend the Border doesn't exist, and keeps trying to tie Abbott's hands, look for vigilantism from fed up property owners and citizens paying for a non-taxed burden on our infrastructure. Last time vigilantism was en vogue, it was carried out by six shooter, not a court.

    Not promoting it. Pointing it out as a very real possible result of DC's current attitude.
    I agree. Biden's 'handling' is showing a sort of transparency about partisanship that remote learning has done to classrooms and by extension, local and state education. Sunshine on a horrific problem and it's impossible to ignore. Now the two issues are colliding thanks to letter of DOE and national school board assoc. Some smart Politico ties the possibilities of such collusion between all these groups on immigration, green energy, higher education, insurance some real wokeism may be on display.


    "The government is a child that has found their parents credit card, and spends knowing that they never have to reconcile the bill with their own money"-Shannon Churchill


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