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William McManus

Paxton sues San Antonio over “sanctuary cities” law

This is gonna be ugly.

Best mugshot ever

Texas is suing the city of San Antonio for an alleged violation of the state’s new anti-“sanctuary cities” law, in the state’s first enforcement action against a city under the controversial statue.

The lawsuit, filed Friday in Travis County District Court, centers on a December 2017 incident when San Antonio police discovered a trailer carrying 12 individuals from Guatemala who were suspected of being undocumented. The city’s police department charged the driver with smuggling of persons, but released the migrants without involving federal immigration authorities, as the new law requires, according to the state’s lawsuit.

The 2017 “sanctuary cities” law, known as Senate Bill 4, says police departments can’t bar their officers from questioning the immigration status of people they detain or arrest. It also punishes local government department heads and elected officials who don’t cooperate with federal immigration “detainers” — requests by agents to turn over immigrants subject to possible deportation

San Antonio’s police department policy states that officers will not refer individuals to Immigration and Customs and Enforcement unless they have a federal deportation warrant. That policy, the Texas lawsuit claims, “prohibits and materially limits the enforcement of immigration laws.”

The lawsuit seeks hefty civil fees from the city, including a $25,500 penalty for nearly every day that the city’s immigration procedures violated state law. The law went into effect Sept. 1, 2017 — meaning those fees could amount to some $11.6 million.

[…]

Paxton’s office has asked the court to issue an injunction requiring the city to comply with the new law, as well as assess major civil penalties against the city, police department and McManus.

Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, slammed the lawsuit, claiming it had “three obvious purposes: to intimidate and frighten immigrants in the state of Texas, to pressure Texas localities to violate constitutional rights, and to attract public attention for Paxton from the nativist fringe.”

I don’t know why Paxton is filing a suit now over something that happened nearly a year ago. I mean, Republicans have been braying about this particular incident all along. Maybe he didn’t want to take action before the election, but you’d think this is the sort of thing the likes of Paxton would see as an asset. Bear in mind, there is also the lawsuit against the “sanctuary cities” law, which is still to be heard in court. There’s a lot of ways this could wind up going.

From the “Answering my own rhetorical question” department

Nobody could have seen this coming!

Best mugshot ever

Ever since Texas’s “sanctuary cities” ban was first proposed in late 2016, the measure’s Republican backers have painted it as a public safety measure targeting criminals — without racist or anti-immigrant intent. But records obtained by the Observer reveal that some of the Texas citizens most supportive of the law apparently never got the memo.

Senate Bill 4, among other things, threatens local law enforcement officials who impede cooperation with federal immigration agents with fines, jail time and removal from office. To prosecute wayward officials, the law requires citizens to report violations of SB 4 to the Texas Attorney General’s Office. Attorney General Ken Paxton formally began accepting complaints in September, but the records include a stream of phone calls and emails beginning last February. Of 43 total formal and informal complaints so far, most veered wildly from SB 4’s supposed intent, expressing instead resentment of immigrants and even threatening violence.

“These comments are disturbing to read,” said state Senator José Rodríguez, an El Paso Democrat and staunch SB 4 opponent. Rodríguez called them part of a general shift toward viewing immigrants in a “national security framework” rather than a human rights one, adding that “during the SB 4 debate, we warned that the attorney general would receive frivolous, anti-immigrant complaints such as these.”

See here for the background, and click over for the entirely predictable stream of garbage that ensued. In a world where Ken Paxton felt shame he would no doubt be red-faced over this, but we do not live in that world. I don’t know what else there is to say.

One other thing:

Out of the dozens who communicated with Paxton’s office, only five followed the guidelines laid out in SB 4 by swearing their complaints before a notary or submitting an “unsworn declaration.” Four of the five centered on a high-profile incident involving San Antonio Police Chief William McManus — currently the focus of the only investigation of a potential SB 4 violation.

In late December, an SAPD officer encountered what appeared to be 12 immigrants being smuggled into the country in an 18-wheeler. When McManus arrived on the scene, he made the unusual decision to charge the truck’s driver using a state smuggling statute rather than turn him over to the feds. After questioning, McManus released the immigrants to a local nonprofit, effectively shielding them from Immigration and Customs Enforcement (ICE).

That set off a firestorm: The head of the local police union called for McManus to be put on administrative leave; Lieutenant Governor Dan Patrick urged Paxton to investigate whether McManus violated SB 4; and Paxton informed city officials on January 10 that he had received “several” complaints and was launching an investigation.

But will anything come of this taxpayer-funded investigation? SB 4 — which is still being fought over in the courts — forbids any local policy that bans or “materially limits” cooperation between law enforcement and federal immigration authorities, and forces jailers to extend detention of undocumented immigrants at the request of ICE.

McManus says his choice was an isolated decision that didn’t represent a new policy and that an ICE agent had every opportunity to intervene and take the individuals into custody. An ICE spokesperson has contradicted that, telling the San Antonio Express-News that the agency offered assistance and was rebuffed.

Vera, the LULAC attorney, said that the chief’s decision wouldn’t violate SB 4 because it didn’t represent a policy of non-cooperation. “[Paxton] doesn’t have a case,” he told the Observer. “If he had a case, he would’ve filed it already.”

See here for the background. Sometimes it’s just better to think of this all as a third-rate costume drama, available for streaming at CBS All Access or some such. Just let go and lean into the absurdity.

Dan Patrick wants SAPD Chief arrested

Bring it on.

Texas Lt. Gov. Dan Patrick on Wednesday asked the state’s attorney general to determine if the chief of the San Antonio Police Department violated the state’s immigration-enforcement law during a human smuggling incident.

Late last month, San Antonio Police Chief William McManus said officers arrested the driver of a tractor-trailer after a passerby saw people being unloaded from the vehicle and flagged down a police unit, the San Antonio Express-News reported.

Officers charged Herbert Nichols, 58, under a state statute that makes knowingly transporting persons in the country illegally a crime, instead of turning the case over to federal agents with Immigration and Customs Enforcement. The immigrants were interviewed and released to a Catholic charity.

During a subsequent news conference, McManus said it could have been a state or federal charge but that he chose to go with the state charge because officers were waiting to see how to move forward.

In a letter, Patrick asked Attorney General Ken Paxton to investigate whether the department violated any portion of the state’s Senate Bill 4, a controversial and sweeping immigration enforcement bill passed by the Texas Legislature last year.

“I am very troubled by the recent news reports of the San Antonio police chief releasing suspected illegal immigrants in a case of human trafficking or human smuggling without proper investigation, identification of witnesses, or cooperation with federal authorities,” Patrick wrote. “Such action could be in direct violation of the recently passed Senate Bill 4 and threatens the safety of citizens and law enforcement.”

It’s unclear exactly which provision of the SB 4 Patrick alleges McManus violated. As passed, SB 4 allows local law enforcement officers to question the immigration status of people they detain or arrest and punishes local government department heads and elected officials who don’t cooperate with federal immigration “detainers” — requests by agents to turn over immigrants subject to possible deportation — in the form of jail time and fines.

Chief McManus, backed by San Antonio Mayor Ron Nirenberg, strongly disputes Patrick’s allegation. I kind of doubt Danno cares about the details. He’s looking to send a message. Keep an eye on this. The Current has more.