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Susan Linehan's avatar

UPDATE: it just went back on hold, by 5th Circuit.

I've read the actual statute and at least it has some due process protections. Removing migrants requires a court order. I'm going to assume it doesn't intend to violate due process but there are specific issues . It isn't clear if it requires an arrest warrant. Do they need probable cause? Will they issue Miranda warnings? Is there a right to counsel? Are they entitled to bail? (I'd think a flight risk is exactly what Texas wants.) Are people normally held in custody for a Class 2 Misdemeanor? If they are incarcerated, where will they be kept? Will families be separated? Will people wrongly arrested have recourse?

How many of the magistrates and judges will be clones of Judge Roy Bean? (Do they mind not having time off for a very long spell? )

It is going to cause Texas taxpayers a fortune. Will they increase the numbers of cops or will the time they spend enforcing eat into dealing with actual crimey-wimey stuff? Will they instituted special courts with newly hired magistrates? Seems to me Texas would actually be far better off supporting Biden's plan to increase federal enforcement and immigration courts.

Will Texans wake up to the consequences and be less enamored of Abbott and their legislators who passed this thing?

I agree completely that this should be a Federal, not state issue. The chaos it would cause would mostly be if cops and courts actually violate due process in their actions.

I've read that a lot of cops do NOT like the law.

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Patti Brady's avatar

Thank you that detailed article!

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