Monday, February 27, 2017

States' rights Trumped: An ode to forgotten federalism

Okay, we've heard a lot about federalism and states' rights from Governor Greg Abbott over the years. So will we now hear an outcry from the governor after ICE agents showed up at a Texas state district court and arrested an undocumented domestic violence victim who'd just received a protective order from an elected Texas judge? See the details here.

Nine percent of Texas' workforce are illegal immigrants. That's a lot of people, and a lot of women and kids, to boot. Will other undocumented domestic violence victims now resist reporting their abusers to authorities because petitioning a Texas court for protection could mean they'll be arrested? Won't kids who are physically or sexually abused face the same hesitation to report serious crimes? Think about it: Is that a good idea?

Having ICE agents show up at Texas state courts is a slap in the face to the state from a President for whom it voted overwhelmingly. It's just plain disrespectful of state court processes and the concept of federalism for the feds to arrest someone the moment after a Texas state court gave out a protective order.

Grits won't hold my breath for Governor Abbott to stand up and defend states rights in this context. His endorsement of those principles has always seemed opportunistic and I don't expect him to stand on them when they fly in the face of a Republican president's policies. Party seems to matter a lot more than principle in politics these days. But a true protector of state's rights would have something to say about the feds undermining the state of Texas' ability to effectively fight crime by driving crime victims into the shadows. Maybe one day Texas will elect one.

31 comments:

Anonymous said...

Grits getting on board the 10th Amendment bandwagon!!! LOL! Who wudda thunk it!!!

Phelps said...

She had been deported six times since 2010.

That's a huge problem, and one you can't get around. This isn't a partisan issue -- OBAMA deported him six times. This guy is an ex-con who has several convictions for larceny and assault.

He is, in the words of Trump, a "bad hombre." Good riddance. Let Mexico pay for this man's elective hormone treatments.

Gritsforbreakfast said...

Deporting is one thing Phelps, hanging outside state courtrooms to pick up domestic violence complainants is another.

@8:42, where have you been? It's been a bailiwick for years.

Phelps said...

Hanging outside the courtroom is meh to me. The false affidavit is a big deal to me.

You've still picked the wrong poster boy. To anyone who isn't already on your side, it looks like you're supporting violent, thieving ex-con transvestite illegals who have been deported over and over above legal immigrants and citizens.

Who are you going to persuade with that?

Anonymous said...

Phelps..do comprehend the point that Grits is trying to get across? Apparently not, so here is what he was saying again:

Nine percent of Texas' workforce are illegal immigrants. That's a lot of people, and a lot of women and kids, to boot. Will other undocumented domestic violence victims now resist reporting their abusers to authorities because petitioning a Texas court for protection could mean they'll be arrested? Won't kids who are physically or sexually abused face the same hesitation to report serious crimes? Think about it: Is that a good idea?

Having ICE agents show up at Texas state courts is a slap in the face to the state from a President for whom it voted overwhelmingly. It's just plain disrespectful of state court processes and the concept of federalism for the feds to arrest someone the moment after a Texas state court gave out a protective order.

He isn't supporting violence, which you always seem to try and say whenever you post a comment.


Anonymous said...

To Phelps,

The article is about people being afraid to report crimes basically due to the fear of deportation. Crimes that OTHER people are committing. So what is a worse crime to you? Illegal people working and residing in this country or women and children being physically and sexual abused? Re-read the article dude!!!!

Phelps said...

I get it. That's the problem with being an outlaw. You are outside the law.

Drug dealers have the same problem. Burglars have the same problem. Embezzlers have the same problem. All criminals have the problem that their fugitive status places them outside the law.

What you are arguing assumes the basic point that illegals aren't criminals. They are. Not only have they broken our laws to get here and continue to break our laws to stay, but they commit tons of other concurrent crimes like identity theft and tax evasion to enable it.

We've already argued open borders and free immigration. You lost that argument in the public square. This is just another way of rejecting the democratic process and trying to make an end run around it because you don't like the result.

Phelps said...

The real tragedy is that nearly 1 in 10 people in Texas is a criminal fugitive with no respect for the rule of law, and your position is to encourage them.

Anonymous said...

Sounds like Phelps is clueless and a hater...but you know what they say...haters gotta hate.

Phelps said...

Well, you've certainly left an impression with all your "clues", anonymous coward.

Gritsforbreakfast said...

Phelps, "criminal fugitive" is either a lie, a misrepresentation, or just an expression of ignorance. Regardless, immigration violations are civil matters and their enforcement is essentially a function of family law. Trolling with repeated comments that spread lies isn't particularly convincing. Again: 9% of Texas workers.

As other commenters have mentioned, you've ignored the actual content and principle points of my post, so I feel no compunction to respond to off-topic foolishness. The point is, whether you choose to acknowledge or ignore it, that the feds think it's okay to troll protective order hearings to arrest the victims! Yes or no, apart from this one person, but as a general rule: Do you think that's a good idea? Because if it's okay in this case, it's okay for everybody.

Steven Seys said...

Note that most people agree that the immigration law should not be enforced in certain situations. That being the case one ought to draw the conclusion that the law itself ought to be modified, not the enforcement of it. And unenforceable law is moot, and usually stricken from the books by the courts. In the case of immigration, no one has had the fortitude to press reforms in the face of resistance by big business, who enjoy workers afraid to complain about illegal workplace violations, and cynical Liberal power mongers who exploit aliens for the fear factor. Fix the problem, not the blame.

Anonymous said...

All illegal aliens are outlaws. Deport them all with their children. Drain the swamp.

Anonymous said...

I agree with Steven. Want to stop ILLEGAL Immigration, make it illegal to hire them. Make sure employers, who are cheating the worker, cheating on their taxes, and cheating society face a very stiff fine and are required to pay ALL back taxes, both the employer's and employee's portion with the IRS garnishing income until the taxes are paid in full. This will solve the problem of 9% of the workforce being in this county illegally very quickly I would think. There is a legal way to immigrate to this County, if employers cannot get workers in the U.S. they can sponsor immigrants from other countries.
As far as the ICE agents at courts, I hope a court officer notified them in the spirit of cooperation and for public safety.

Phelps said...

Criminal fugitive is exactly right. Immigration violations are crimes under criminal statutes, and are handled in Administrative Law Courts, not civil courts. The Chinese Exclusion Law (1889) case makes it clear that immigration court is not civil law. It lies with administrative law courts because immigration is a plenary power of the Executive, not the Judicial. Illegal reentry after deportation, like this felon has done SIX TIMES is a felony, on top of the assault and theft felonies this felon has already committed and been convicted of.

As for fugitive, when he reentered illegally, he became fugitive from a felony at that moment. So as to your question, do I think it is a good idea to troll protective order hearings in order to apprehend violent felon fugitives? Absolutely.

Let me posit you the alternative -- if violent felons should have a "no arrest zone" around courts when seeking protective orders completely unrelated to their felony, where else should violent felons be protected from arrest? Emergency rooms? Grocery stores? Playgrounds?

Anonymous said...

Phelps will Phelps..trolls will be trolls

Phelps said...

Isn't it fun how every comment calling me a troll is an anonymous coward?

Anonymous said...

And what is your name Phelps? Let's hear it in full

Phelps said...

I've got a blog (15+ years), accounts on gab, voat, commented on hundreds of blogs, all under the same identifier.

You might not like what I have to say, but I've never used a sock puppet, and I'm not a hit and run coward.

Anonymous said...

So what

.you are still anonymous

Anonymous said...

He has a point phelps

Anonymous said...

Phelps. I like your views and support them. At least Grits didn't call you either a Red Peacock or Red Herring like he usually does.

Anonymous said...

Identifier equals anonymous

Anonymous said...

I don't agree with Phelps, but to just call him a "hater" seems like not much of an argument. A few points:
1. It is a crime to illegally enter the United States. It may only be a misdemeanor, but it's still a crime. If you don't like it, I can't help you with that.
2. It isn't a crime to be an undocumented resident. And many of these people have overstayed visas, etc (which is not criminal). It is a weird situation that immigration violations are in a twilight area between civil and criminal law. You can be forcibly detained and thrown out of the country, but the government doesn't have to prove the stuff beyond a reasonable doubt.
3. I'm not impressed with the state's rights - federalism argument. I suppose it would be extremely rude to break into a state courtroom during testimony and drag the witness out by his feet. But it seems like that isn't what happened here. It's not like a courthouse is some kind of sanctuary. Likewise, I would have no problem with state law enforcement officers arresting a suspected murderer after he got through testifying in a federal hearing. Big deal.
4. If a foreign citizen makes parole in the state system for a deportable felony, he doesn't get released -- ICE puts an "immigration hold" on the guy for eventual deportation. For the most part, Texas authorities cooperate with that. Is that some sort of violation of federalism? I wouldn't think so, but I guess opinions may vary.
5. Phelps' point about living in the shadows is well-taken. Sure, it makes life difficult (for a lot of reasons besides a fear of going to court for a protective order) but that's the nature of the game. I suppose you could make the whole country one giant sanctuary (and promise never ever ever to hassle or deport any undocumented aliens), but that would be effectively the same as having an open border. While I'm not completely averse to that idea, I don't think that's a serious debate right now.

Phelps said...

Re Point 2: Immigration violations are in that gray area because they are essentially foreign relations, and therefore totally within the plenary powers of the Executive. Congress can restrict the executive with legislation, but the execution of that law lies totally with the Executive and isn't subject to judicial review, because by definition, we aren't dealing with American citizens, we are dealing with foreign nationals and the resulting foreign relations.

You see the same sort of thing in other Administrative Law courts (like SEC courts, EPA courts, etc.)

Anonymous said...

Hey Phelps, you notice that anonymous who called you a "hater" landed there after exactly 73 words? You got 73 English words out of that baboso's mouth before he/she lost the ability to argue intelligently. See it all the time.

Anonymous said...

Phelps is not a hater. He is just a sick, twisted, sociopath who's flawed perceptions allow him to think that his "identifier", somehow changes the fact that he is still, in essence, anonymously trolling a blog intent on fairness and increasing the public's safety, not violence.

He sure has the motivation of a sociopath.

Phelps said...

Right, if I disagree with you, dehumanize me.

That's quite the empathy you have.

Magoo said...

Is there any other sovereign country in the world where people who have no lawful right to do so can go and live for years with impunity ? If so, where is it ?

Magoo said...

Is there any other sovereign country in the world where people who have no lawful right to do so can go and live for years with impunity ? If so, where is it ?

Magoo said...

Is there any other sovereign country in the world where people who have no lawful right to do so can go and live for years with impunity ? If so, where is it ?