Immigration Lawsuit Claims Texas Law Unconstitutional

An immigrant advocacy group has filed an immigration lawsuit against Texas Governor Greg Abbott. The immigration lawsuit, filed by the Mexican American Legal Defense and Educational Fund (MALDEF), claims that a law Gov. Abbott signed that makes harboring undocumented immigrants a state felony is unconstitutional. The suit also names the Texas Public Safety Commission, the Texas Department of Public Safety, and DPS Director Steve McCraw as defendants.

Details of the Immigration Lawsuit

The MALDEF group filed the immigration lawsuit on behalf of two San Antonio landlords, David Cruz and Valentin Reyes. The two men are among several landlords who do not request information on their tenants’ immigration status. Another plaintiff, Jonathan Ryan, operates a non-profit agency that provides housing and legal advice to undocumented immigrants. Attorneys for the men claims that they filed the immigration lawsuit to prevent their clients from facing felony charges under the new law.

Immigration Lawsuit and “Supremacy Clause”

The basis for the immigration lawsuit stems from a bill passed last September that makes it a felony for anyone to “encourage or induce a person to enter or remain in this country in violation of federal law.” Supremacy Clause in the U.S. Constitution. The Supremacy Clause dictates that individual states cannot interfere in the making or enforcement of federal laws. The immigration lawsuit contends that the Texas law attempts to place the enforcement of immigration laws under state control, which would interfere with federal jurisdiction.

Immigration Lawsuit: New Law Violates Due Process

The Texas law also states that “concealing, harboring, or shielding (undocumented immigrants) from detection” can constitute a crime. The immigration lawsuit claims that such laws violate the accused person’s rights to due process under the law. The complaint cites Mr. Ryan’s role in providing shelter for undocumented immigrants seeking legal help with staying in the U.S., stating that he “fears that he could be subject to prosecution under HB 11’s harboring provisions.”

Immigration Lawsuit Cites Earlier Rulings

The immigration lawsuit also cites several other state laws that sought to pursue individuals who harbored undocumented immigrants. The plaintiff’s lead counsel cited a U.S. Supreme Court ruling, “as well as (rulings in) federal courts in Arizona, Alabama, Georgia, Pennsylvania, and South Carolina (that) have all struck down, as unconstitutional, state-enacted immigrant harboring laws.” The immigration lawsuit also alleges that the legislature acted on “dubious advice” and that lawmakers were warned the law would not stand up to judicial scrutiny.

Source: Texas Tribune

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