The lawsuit is the first to challenge Abbott's Operation Lone Star in federal court,...
A group of migrants who said they were from Mexico are photographed after they were apprehended in Kinney County, Texas, Nov. 17, 2021. Three private defense attorneys, representing 15 migrant men arrested under Gov. Greg Abbott's border operation, have filed a federal lawsuit seeking to end the governor’s policy of arresting migrants on criminal trespass charges, which the suit argues is racially discriminatory and infringes on the federal government's immigration authority.
The lawsuit is the first to challenge Abbott's Operation Lone Star in federal court, though defense attorneys have raised similar arguments in ongoing state litigation. The federal suit, filed Wednesday in the Austin-based U.S. District Court for the Western District of Texas, asks the court to scrap the governor’s border initiative altogether and order the release of migrants arrested under what it calls a “separate criminal prosecution and detention system.
“The criminal process is rife with civil rights violations that have led to extreme, outrageous delays in cases that often end in dismissal or non-prosecution,” the lawsuit states, alleging state authorities filed “fraudulent probable cause affidavits,” failed to appoint attorneys for some defendants, and waited too long to file charges for numerous migrants.
Under orders from Abbott, state troopers and National Guard troops have arrested more than 3,000 migrant men since last July for allegedly trespassing on private property along the border. The operation has allowed Texas officials to jail migrants without running afoul ofThe federal suit argues, however, that the entire program — including the trespass arrests — is “intended to rival or supplant federal immigration policy” and “interferes with federal enforcement priorities.
Many defendants also “have faced dramatic delays in, and in some cases outright refusal of, appointed counsel,” which the suit says is a violation of Sixth Amendment rights guaranteeing a speedy trial.
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