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Business groups file brief opposing Paxton’s anti-DACA lawsuit

This is good.

A federal lawsuit by Texas officials earlier this year seeking to order the end of the federal immigration program called the Deferred Act for Childhood Arrivals, or DACA, will have “immediate, irreparable injury” to Texas businesses and cost the state’s economy billions of dollars, according to a coalition of pro-business organizations.

Seven Texas-based chambers of commerce, two pro-business consortiums and four prominent companies – including Southwest Airlines – filed an unprecedented court brief late Saturday asking a federal judge in Houston to reject Attorney General Ken Paxton’s argument that the DACA program be ended and dismantled.

Lawyers for Vinson & Elkins, which represents the business coalition that includes the Texas Association of Business, argue that Paxton’s case – if successful – would significantly damage their operations, deprive them of much needed work expertise and cost the state of Texas tens of thousands of jobs and hundreds of millions of dollars in tax revenues.

[…]

The business organizations point out that DACA was initiated by the Obama Administration in 2012, but the fact that Texas and the six other states suing waited until 2018 to challenge the program is a major legal argument in favor of keeping the status quo.

“The States waited almost six years after the announcement of the DACA guidelines before challenging them in Court, despite challenging similar initiatives implemented after DACA in 2015,” V&E lawyers argue. “Since an injunction is an equitable remedy, it may be denied on the basis of laches if an unreasonable delay by the party seeking injunctive relief works to the disadvantage or prejudice of another party.

“The States’ delay has substantially impacted businesses in Texas, who have, as described above, come to rely upon Dreamers as valued employees, customers, and fellow members of the business community and now stand to incur significant costs if DACA is enjoined,” the brief states. “The States’ delay also undercuts any claim they have to immediate, irreparable injury, since they have been living with the status quo for six years.”

See here, here, and here for the background. I’ll be honest, when I first saw the story headline, I assumed this was another one of those meaningless tut-tut gestures from the Texas Association of Business towards their vassals in the state GOP. They were the masters of the mild statement of disapproval that was never accompanied by any tangible action but always got them some cheap publicity long before Jeff Flake ever complained about Donald Trump on Twitter. This at least has the chance to do something tangible, so kudos to them for that. Having said that, let’s be clear that this is very much a political problem as well as a legal one. If you’re not working towards a Democratic Congress and the election of Justin Nelson as Texas AG, you’re not really trying to solve it. Anyway, there will be a hearing in Houston on August 8, so we’ll see if this has any effect. The Chron has more.

Lawsuit filed over voter registration problems

From the Texas Civil Rights Project:

Still the only voter ID anyone should need

Still the only voter ID anyone should need

In a lawsuit filed this morning in a San Antonio federal court, the Texas Civil Rights Project (TCRP) challenged voter registration procedures at the Texas Department of Public Safety (DPS). As the Complaint explains, Texas is violating the U.S. Constitution and federal law by refusing to register eligible voters who submit changes through the DPS website. TCRP and its co-counsel Waters & Kraus, LLP represent several Texas voters who have been disenfranchised by the state’s unlawful practices.

Under the National Voter Registration Act, eligible voters have a right to register to vote every time they update or renew their driver’s license with DPS. The Plaintiffs, all eligible voters, attempted to update their driver’s licenses and voter registration records through DPS’ website but the state disregarded their registration request. When the Plaintiffs tried to vote, they were not allowed to cast a regular ballot.

“I felt that my voice was taken away from me when my vote wasn’t counted,” said Totysa Watkins, an Irving health insurance representative and mother of two. “Voting has always been something I value and is a right I have instilled in my children. Texas should not be able to take that away.”

Between September 2013 and May 2015, the state recorded complaints from nearly 2,000 voters who completed an online transaction with DPS and mistakenly believed that their registration records were updated too. These voters represent a mere fraction of the total number of Texas voters injured as a result of the state’s policies. Indeed, TCRP received numerous reports of additional voters who were disenfranchised in Texas’ primary election due to voter registration problems at DPS. Until Texas reforms its registration practices, countless voters will be excluded from the democratic process every election.

“The NVRA is very clear: The state must update registration records every time a voter updates his or her driver’s license files,” stated Peter Kraus, founding partner of Waters & Kraus, LLP. “We are asking Texas to take simple, commonsense steps to modernize its voter registration procedures and comply with longstanding federal law.”

“TCRP is a champion for equality and justice. We will fight to ensure that historically disenfranchised Texans are no longer shut out of the democratic process.” Mimi Marziani, Executive Director of TCRP, added: “Our clients updated their information with DPS and should have been placed on the rolls. Texas cannot ignore voting rights because it deems them inconvenient.”

For twenty-five years, TCRP has used impact litigation and advocacy to fight for equality and justice in Texas. Since its founding, TCRP has brought over 2,300 cases, challenging institutional discrimination, reforming systems of criminal justice, ensuring equal access to government services and vindicating the civil rights of countless marginalized Texans. Today — with offices in Austin, Dallas, El Paso, Houston and in the Rio Grande Valley; dozens of high-caliber attorneys and other professionals on staff; and an extensive network of pro bono counsel and community allies — TCRP has become the largest and most influential civil rights organization in the Lone Star State.

See here for a copy of the lawsuit. Apparently, getting an updated voter registration card is as hard to do as getting an election identification certificate. It’s wholly appropriate that this was announced the same day – within an hour or so, really – of Greg Abbott’s blithe dismissal of President Obama’s apt criticism that people like Greg Abbott are perfectly happy with Texas’ pathetic rate of voter participation. Maybe another loss in court will help drive the point home. The Current has more.