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Tag Archives: texas immigration

Poll: Majority of Texans Believe Immigration Helps Country More Than Hurts

More than 90 percent of Texans believe that local police should be allowed to ask about immigration status if a person is arrested for a crime, according to the results of a poll released Tuesday.

Only about half of Texans oppose “sanctuary” policies in which law enforcement or other local authorities don’t report undocumented immigrants to federal authorities.

But more than 90 percent of Texans believe that local police should be allowed to ask about immigration status if a person is arrested for a crime, according to the results of a poll on immigration conducted by the Texas Lyceum this month.

The poll was the nonprofit leadership group’s first deep dive into the issue of immigration in its 11-year polling history. The results were released as border security and state-based immigration efforts continue to be key and divisive issues for Texas lawmakers heading into the final six weeks of the current biennial legislative session.

The poll of 1,000 Texans was conducted from April 3 to April 9 and also focused on President Trump’s promised border wall and whether it should be up to employers to check the immigration status of the people they hire. It has a margin of error of +/- 3.1 percentage points and was overseen by University of Texas at Austin professor Daron Shaw and Joshua Blank, the manager of polling and research at the Texas Politics Project at UT. (Both Shaw and Blank have also worked on the University of Texas/Texas Tribune Poll.)

The pollsters found that 62 percent of Texans said immigration helps the United States more than it hurts the country. That’s an increase from 2016, when 54 percent of the respondents said they viewed immigration was more beneficial than harmful.

The pollsters defined “sanctuary” entities as those in which “[when] local police or city government employees learn that someone is in the country illegally, they do not automatically turn that person over to federal immigration enforcement officers.”

Forty-five percent of the respondents supported sanctuary policies, while 49 percent opposed them. At the same time, 93 percent of all respondents said local police should be able to inquire into a person’s immigration status when arrested for a crime.

The results suggest most Texans would likely support “sanctuary” legislation currently moving through the Texas House, which would limits inquiries into immigration status from local law enforcement to people who have already been arrested.

Proposed legislation that passed the Senate earlier this year permits local police to ask about immigration status if a person is either arrested or detained by law enforcement for other reasons.

The Lyceum poll found deeper divisions among Texans when asked if inquiries by law enforcement into immigration status should be allowed for people who aren’t arrested. Only 44 percent agree that police should check a person’s status during a traffic stop, while 41 percent agreed that immigration status should be checked when a person is reporting a crime. Only 39 percent said that status should be checked when the police believe that a person is a witness to a crime or could provide information.

Opponents of more broad-based inquiries argue that the expanded authority would create a chilling effect that would lead to the public cooperating less with law enforcement. When broken down by party lines, 99 percent of Republicans think immigration status should be checked when a person is arrested for a crime, while 68 percent think it should be checked during a routine traffic stop. A slight majority, 53 percent, agree that status should be checked when a person is reporting a crime or is a witness.

While 88 percent of Democrats think immigration inquires should be made when a person is arrested, only 28 percent think it should be checked during a traffic stop. Only 30 percent think it should be checked when a person is reporting a crime or is a witness to one.

The poll also delved into how much the state should be spending on border security. In 2015, the Texas Legislature approved a record $800 million border security budget.

Half of the respondents were asked if the state should stay the current course with President Trump in the White House, while the other half was asked about state expenditures with Republicans in charge of the U.S. Congress. Under both conditions, most of the respondents with an opinion on the issue 45 percent of those questioned about Trump and 41 percent questioned about Congress – agreed the state should keep spending largely on the border.

“This indicates that, overall, Texans are expressing a greater expectation that the President will deliver on border security and/or immigration enforcement than Republicans in Congress, but there is no outcry to decrease the amount of money Texas spends securing its borders,” poll supervisors wrote in their summary.

When asked about President Trump’s plan to build a wall on the southern border, only about a third, or 35 percent, favored a barrier separating Texas from Mexico. Sixty-one percent opposed the project. The numbers are almost identical to the poll’s results from 2016, when 35 percent favored building the wall and 59 percent opposed such a project. This year, however, the percentage of respondents who identified as Hispanic that supported construction of the wall rose from 18 percent in 2016 to 25 percent.

The survey also found that nearly two-thirds of respondents, or 63 percent, strongly supported a pathway to citizenship for undocumented immigrants after a long waiting period if the applicants paid taxes and a penalty, passed a criminal background check and learned English. Twenty-seven of the respondents somewhat supported that idea, while 4 percent somewhat opposed and 5 percent strongly opposed.

Nearly three-fourths of Texans agreed that employers should check the immigration status of prospective employees and favored harsh penalties and fines for people who knowingly hire unauthorized immigrants. Forty-nine percent of the respondents strongly supported those measures, while 23 percent somewhat supported them. Only 23 percent opposed placing the responsibility on employers and making them subject to fines and punishment.

On Wednesday, the Texas Lyceum will release poll results on how Texans view President Trump, Gov. Greg Abbott and Lt. Gov. Dan Patrick, and Republican U.S. Sen. Ted Cruz‘s re-election prospects against a possible Democratic opponent.

Disclosure: The Texas Lyceum and the University of Texas at Austin have been financial supporters of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

Author:  JULIÁN AGUILAR – The Texas Tribune

Court’s immigration ruling could affect Texas “sanctuary city” debate

A decision last month by a federal judge in Illinois undercutting a major tool the federal government uses to deport criminal immigrants could ripple across the country, changing how local jails hold people thought to be in the country illegally.

On September 30, U.S. District Judge John Z. Lee ruled that the Department of Homeland Security’s use of detainers — formal requests from federal immigration authorities for a local jail to hold non-citizen inmates — exceeds its legal authority.

U.S. Immigration and Customs Enforcement generally issues the requests when it thinks someone being held on local or state charges might also be deportable for violating the country’s immigration law. When it receives a detainer on one of its inmates, a local jail typically holds that person beyond the time it ordinarily would, usually 48 hours, giving federal authorities a chance to come get them.

Lee ruled that the detainers were “void” because “immigration detainers issued under ICE’s detention program seek to detain subjects without a warrant — even in the absence of a determination by ICE that the subjects are likely to escape before a warrant can be obtained.”

Lee’s decision applies to Illinois, Indiana, Kansas, Kentucky, Missouri, Wisconsin and some detainers issued in about two dozen more states, according to the National Immigrant Justice Center. But the ruling’s impact could expand if it is upheld by appellate courts or spurs copycat lawsuits in other states.

Jackie Watson, an Austin-based immigration attorney and immediate past chair of the Texas chapter of American Immigration Lawyers Association, said ICE can still request detainers under Lee’s ruling but that it needs to show probable cause and request a warrant.

Though the ruling is narrow in scope, it could prompt Texans to sue in pursuit of a similar outcome, she said.

“It certainly gives jurisdictions that may be hesitant to cooperate with ICE detainers some legal backing if they say, “Look, we don’t want the liability of holding people for you if federal courts are going to find this unconstitutional,’” she said.

The case was brought by Jose Jimenez Moreno, a U.S. citizen from Illinois, and Maria Jose Lopez, a lawful permanent resident in Florida. Both were being held on unrelated criminal charges when ICE placed detainers on them.

Asked about the ruling and its possible repercussions, for ICE offices in Texas, a spokesperson for the agency field office in San Antonio said it is “reviewing the court ruling to determine its course of action.”

Lee’s decision comes at a time when Dallas and Travis counties have been at the center of controversy, with Republican lawmakers questioning whether the jails in those jurisdictions honor, or will continue to honor, immigration detainer requests.

As part of her campaign for Travis County Sheriff, Constable Sally Hernandez has promised to remove ICE agents from the jail, a position that has drawn criticism from Joe Martinez, her Republican opponent, and the current sheriff, Democrat Greg Hamilton.

Activists in Travis County have for years urged the county to end its program of honoring ICE detainers. In 2014, more than 100 attorneys and professors warned local lawmakers that continued participation in the program could expose the county to legal liabilities.

Late last year Gov. Greg Abbott rebuked Dallas County Sheriff Lupe Valdez after she said she works with ICE on a case-by-case basis. Valdez later told lawmakers that she hadn’t declined any detainers and that her comments were taken out of context.

Texas’ jails have a long history of cooperating with ICE when the agency requests that an immigrant be held in order to cross check their

11/19/15: Timer Glove Team Leader Mariel Vargas presents her weight training sports glove technology at the Arrowhead Center LAUNCH event. (Photo by Karrie Lucero)
11/19/15: Timer Glove Team Leader Mariel Vargas presents her weight training sports glove technology at the Arrowhead Center LAUNCH event. (Photo by Karrie Lucero)

immigration status. A Texas Tribune analysis of ICE data found that between January 2014 and September 2015, jails declined to honor the requests 146 times. That’s less than 1 percent of the 18,646 detainers declined across the country during the same time frame.

Abbott and Lt. Gov. Dan Patrick have still pledged to pass legislation that eliminates “sanctuary cities” — the common term for local governments that refuse to cooperate with immigration agents or enforce immigration laws. But a ruling similar to Lee’s applied Texas could make the issue moot.

“The whole pivot point for them on sanctuary cities is cooperation with ICE detainers, period,” Watson said. “And if ICE detainers are unconstitutional, you’re going to be ordering cities to engage in unconstitutional acts.”

Dan Stein, president of the Federation for American Immigration Reform, which takes a hard line on illegal immigration and seeks to limit legal immigration, blasted the ruling as a further erosion of the country’s immigration laws.

“Now, even in cases where aliens are incarcerated and they’re serving time, these holds are being attacked,” he said. “In all areas of federal and state law enforcement cooperation, these agencies are expected by taxpayers and the public to work together. And whether it’s a binding legal requirement or, as a matter of courtesy, a 24-hour, 48-hour civil immigration hold is a long term practice for noncitizens.”

Watson said the federal government can appeal Lee’s ruling, and that could pave the way for the U.S. Supreme Court to finally settle the matter.

Stein didn’t want to predict what the high court might do but said in his opinion it’s clear that ICE has the ability to continue the current immigration practices.

“It doesn’t say there has to be any judicial interaction because ICE is carrying out civil law enforcement,” he said. But he added that, if necessary, Congress could always pass legislation to make certain ICE retains the authority.

“The Supreme Court always has the right to find new constitutional rights depending on what it had for dinner the night before,” he said. “But if you assume that the basic principle that immigration enforcement is a civil matter and that Congress retains the authority to stipulate what the procedural requirement’s are, this ought to be a slam dunk.”

Read more of the Tribune’s related coverage:

  • More than 18,000 times over the last two years, local jails across the country — including almost three dozen in Texas — failed to hand over deportable immigrants to federal authorities.
  • With the likely election of a new Democratic sheriff in November, Austin is poised to become the first true “sanctuary city” in GOP-ruled Texas if Travis County stops cooperating with federal immigration policies.

Author:  –  The Texas Tribune