Two migrant children and their mother drowned Jan. 12 while trying to cross from Mexico into the United States, after Texas authorities prevented US Border Patrol agents from reaching the victims to render life-saving aid, charged US Rep. Henry Cuellar, who represents a district on the border. The US Department of Homeland Security said the three migrants drowned near Shelby Park in the border town of Eagle Pass after Texas Guardsmen “physically barred” Border Patrol agents from entering the area. Mexican officials recovered the bodies the next morning on their side of the Rio Grande, in Piedras Negras.
“This is a tragedy and the State [Texas] bears responsibility,” said Cuellar in his statement detailing the series of events.
In a filing with the US Supreme Court, mere hours before the deaths, the US Department of Justice told the high court that the Texas National Guard had recently deployed armed troops and vehicles to block access to the Rio Grande and informed Border Patrol agents that they would not be allowed to enter Shelby Park “in any operational capacity.”
“Texas Military Department soldiers stated they would not grant access to the migrants—even in the event of an emergency,” Cuellar said. “Border Patrol personnel were forced out of Shelby Park earlier this week by the Texas National Guard under order of Governor [Greg] Abbott. As a result, Border Patrol was unable to render aid to the migrants and attempt to save them.”
The deaths occurred in the context of a series of brewing battles between the US federal government and the state of Texas. These include a new Texas bill that would allow the arrest of all undocumented migrants (even those seeking asylum, in contravention of federal law), and floating barriers in the Rio Grande installed by the state, in defiance of federal authorities.
Gabrien Gregory, a former candidate for Texas House of Representatives, said on social mediathat the situation necessitates federal intervention. “Another woman and two children dead as a result of Governor Abbott’s policies,” Gregory said. “I know [President Biden] cares but there needs to be action right now. We need to federalize the National Guard & get this situation in Texas in check.”
From Jurist, Jan. 14. Used with permission.
See our last report on the struggle in Texas.
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House committee approves articles of impeachment against Mayorkas
The House Committee on Homeland Security voted 18-15 to approve sending two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas on Jan. 31 after hours of hearings on the matter. The articles will now go to the House of Representatives floor for another vote. The articles allege that Mayorkas failed to comply with US law and breached public trust in his handling of the US-Mexico border and immigration matters. (Jurist)
House of Representatives votes not to impeach Mayorkas
The US House of Representatives voted Feb. 6 not to impeach Secretary of Homeland Security Alejandro Mayorkas for allegedly breaching public trust in his handling of immigration enforcement on the US-Mexico border.
The vote, 214 for and 216 against, split largely along party lines, with the majority of Republican representatives voting for impeachment and the majority of Democrats voting against. However, four Republican representatives did cross party lines, voting against Mayorkas’ impeachment: Ken Buck (CO), Mike Gallagher (WI), Tom McClintock (CA) and Blake Moore (UT). Moore claimed after the vote that he switched his vote at the last minute for procedural reasons, in order to allow Republicans to vote again on Mayorkas’ impeachment in the future.
The sponsor of the impechment measure, Marjorie Taylor Greene (R-GA), reacted to the defeat and the three Republican nay votes, telling CNN, “I’m sure they’ll hear from their constituents, I’m sure they’re probably hearing from them already.” (Jurist)
House of Representatives votes to impeach Mayorkas
The US House of Representatives voted 214-213 on Feb. 13 to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the situation at the US-Mexico border. The articles of impeachment accused Mayorkas of a “willful and systemic refusal to comply” with federal immigration laws and a breach of public trust.
Mayorkas will now face trial in the Senate, where a two-thirds vote is required to remove him from his position. (Jurist)
US judge suspends Texas law criminalizing illegal entry
A Texas federal judge issued a preliminary injunction Feb. 29 suspending enforcement of a state law that would criminalize illegal entry to the US. The law, SB4, creates a number of immigration offenses and empowers state law enforcement to make arrests and hold people in detention. SB4 will now be on hold while challenges against it proceed. (Jurist)
SCOTUS suspends Texas law criminalizing illegal entry
The US Supreme Court on March 4 temporarily blocked Senate Bill 4, a strict new Texas immigration law criminalizing illegal entry to the US.
The Court’s order was in response to a stay granted by the US Court of Appeals for the Fifth Circuit two days earlier, allowing the law to be enforced. The County of El Paso and two civil rights organizations submitted an application to the Supreme Court to vacate the stay. The applicants argued that the aimpower to regulate immigration lies exclusively with the federal government. (Jurist)
SCOTUS allows, appeals court blocks Texas illegal entry law
The US Court of Appeals for the Fifth Circuit on March 19 blocked enforcement of Texas’ law criminalizing illegal entry into the state from other countries, hours after a divided US Supreme Court allowed the law to go into effect. The appeals court will now hear oral arguments regarding whether a lower court’s injunction against the law should stay in place. (Jurist)
Iowa passes state-enforced undocumented immigration bill
Iowa lawmakers passed a bill March 19 that would make it a crime to enter the state after being deported or denied entry into the US. The passage puts the midwestern state on track to join Texas in enforcing state immigration laws that operate independently of the federal immigration system. Gov. Kim Reynolds, a Republican, clearly stated her intention to sign the bill. (Jurist)
Appeals court upholds injunction on Texas illegal entry law
A three-judge panel of the Fifth District Court of Appeals ruled March 26 that the controversial Texas immigration law, Senate Bill (SB) 4, will remain on hold as litigation continues. (Jurist)
Senate dismisses impeachment of Homeland Security secretary
The US Senate voted April 17 to dismiss two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas. The US House of Representatives impeached Mayorkas in February over his handling of the migrant situation at the US-Mexico border. (Jurist)
Anti-immigration measure advances in Oklahoma
The Oklahoma House of Representatives passed House Bill 4156 on April 18 by a vote of 77-20, which proposes the creation of the criminal act of impermissible occupation, targeting individuals who willfully enter and remain in Oklahoma without legal authorization to be in the United States. (Jurist)
Rights groups sue to stop Iowa immigration law
Civil rights groups filed a complaint May 9 against Iowa state officials to stop the state’s recently enacted immigration law from going into effect on July 1. The law makes it a crime for a foreign national to enter Iowa after having been deported from the US in the past, regardless of current immigration status.
The groups involved are the national and state ACLU chapters and the American Immigration Council. They represent the Iowa Migrant Movement for Justice, advising and advocating for immigrants and refugees. (Jurist)
Motorist convicted of killing of eight migrants in Texas
A jury convicted the driver of a Range Rover, George Alvarez, on eight counts of intoxication manslaughter after he plowed into a crowd of migrants in Brownsville, Tex., last year. He faces up to 20 years in prison on each count. (NYT, June 28)