Home to debate broad border powers expansion in obstacle to federal law

AUSTIN - - The Texas House on Tuesday night is set to dispute legislation to substantially expand the state's authority over the U.S. border.

Home Bill 20 by Tyler Republican Matt Schaefer would develop the "Border Protection Unit" as a brand-new firm under the Texas Department of Public Safety. Officers in that unit would have authority to detain unlawful border crossers, build border barriers, search automobiles, utilize force against cartels and more. Their jurisdiction would extend not simply to border areas, but to every part of the state.

" Our minimal law enforcement workers can not effectively attend to fentanyl smuggling across our border when they're spending their time processing individuals," Schaefer said. "We need to bring back order to the Texas border. House Bill 20 will invoke legal authorities in the United States Constitution which permit a state to defend itself when poison is being pumped into our communities."

The costs asserts that drug and human smuggling on the southern border allows the state to engage and keep troops in war under the "intrusion stipulation" of the U.S. Constitution.

Article 1, Section 10 of the Constitution prohibits states from keeping troops, entering into compacts with other states or countries, and engaging in war "unless in fact invaded, or in such impending threat as will not confess of delay."

Under present Supreme Court precedent, states may not legislate migration law where otherwise enacted laws by the federal government. Legal scholars note House Bill 20 is unconstitutional under that basic and will likely welcome a court obstacle.

" This costs is constitutional," Schaefer stated. "I believe that, certainly there are those people that disagree, but we're gon na move forward with the passage of the bill.

Some supporters of the expense hope it will force a change to that precedent by challenging Arizona v. United States, the 2012 Supreme Court case which asserted the federal government's preemption of immigration law.

" I truly hope that we do land in a court of ‘‘ Texas v. U.S., 'and revisit that concern," Executive Director of the Texas Sheriffs' Regional Alliance AJ Louderback stated. "We should make every effort to resolve this the border problem. And I think the real path to this is ‘‘ Texas v. U.S' and getting that prior to the Supreme Court where we make and bring back some state rights as border state, which carries the brunt of this problem."

Texans from the Rio Grand Valley traveled to the state capitol on Tuesday to object the bill, worrying the new police could lead to over-militarization and discrimination in their communities.

" We need to find another solution that's not going to militarize our border much more," Director of Organizing at La Unión del Pueblo Entero stated. "Operation Lone Star is costing more than $4 billion, and people are still crossing. That's simply not the service. And we need to invest those funds in developing other methods for these individuals to be able to seek shelter or sanctuary in a humane and dignified way."

A couple of lots activists shouted outside the House chambers Tuesday early morning before facing the office of State Rep. Ryan Guillen, R-Rio Grande City. Guillen is bring House Bill 7– – another costs to broaden state power on the border. Guillen's personnel locked his office when protesters tried to go into.

" We have not made any development with our agents. Last week, we had a protest outside Ryan Guillen's office in Rio Grande City. And regrettably, they basically locked the workplace door," Garcia said. "But we did leave a letter on behalf of the over one thousand members down in the Rio Grande Valley, telling him that we oppose HB 20 and HB 7 which other communities do not require more militarization… … So we're gon na be here today and make sure that they know that the border citizens oppose these two expenses."

As of 7:00 p.m. Tuesday, the House had actually not yet started debate on HB 20. Democrats do not have the votes to obstruct it, however they have actually been stalling throughout debate on other bills to press HB 20 closer to the Thursday deadline.