AUSTIN, Texas — As his signature border security program faces more legal issues, Gov. Greg Abbott used former President Donald Trump’s Conroe rally to bash President Joe Biden’s border policies.
"We got President Biden sending troops to the border of Ukraine,” said Abbott, referencing Biden’s response to Russia’s military buildup on the Ukrainian border. “When he should be sending law enforcement and border patrol to the border between Texas and Mexico."
Abbott has justified his controversial border security program, Operation Lone Star, because he believes Biden is failing to secure the border. But a Travis County judge disagreed, ruling earlier this month that the mission violates the constitution. That ruling has prompted a separate suit, filed by the nonprofit Texas RioGrande Legal Aid, asking a court to overturn the arrests of nearly 450 migrants arrested under Operation Lone Star.
“It was encouraging for us. This is not a normal judicial system we’ve been dealing with under Operation Lone Star,” said Rachel Garza, a staff attorney for TRLA. Garza is not directly working on that case, but does provide legal help to other migrants detained under the program.
Operation Lone Star, which was launched last March, is a joint operation by the Texas Department of Public Safety and the Texas National Guard. Under the mission, migrants crossing the southern border are arrested and detained on state misdemeanor offenses, like trespassing. Advocates say that migrants are being held for months without being able to apply for asylum or seek legal aid.
“Due process is something you are afforded under the constitution,” Garza said. “So when we see someone held in custody for 90 days, without having any type of court date or chance at release, is something we’ve never seen before.”
Advocates are hopeful that the Travis County ruling will lead to more migrants getting their cases dismissed.
“They absolutely have constitutional rights,” Garza said. “They have the same constitutional rights as anybody else in this country, both under the federal and under the state constitution.”