City of Eagle Pass Police Department to Commence Enforcement of Controversial Operation Lone Star
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2022
The City of Eagle Pass, Texas Police Department Public Information Officer Humberto Garza, Jr. announced on Wednesday, February 16, 2022 that the municipal police department was effectively commencing the enforcement of the controversial Operation Lone Star, founded by Texas Governor Greg Abbott in March 2021, in the detention of undocumented immigrants as well as the arrest of these migrants in the event they should trespass private property or commit theft of property within the city limits of Eagle Pass.
Previously, the Eagle Pass Police Department policy towards undocumented immigrants was to hold and report them to the U. S. Border Patrol.
The February 16, 2022 announcement by the Eagle Pass Police Department signifies a change of policy by the municipal police department getting involved now in the detention and arrest of undocumented immigrants for alleged violations of state law such as criminal trespass or theft of property. All persons charged with any criminal offense is presumed innocent until proven guilty in a court at law, according to American constitutional law.
A Texas district court judge in Austin, Travis County earlier in January 2022 held that the detention and arrest of an Ecuadorian undocumented immigrant seeking political asylum in the United States for criminal trespass under Operation Lone Star is unconstitutional, violating the the United States Constitution’s supremacy clause because immigration enforcement is the federal government’s job.
Travis County District Judge Jan Soifer dismissed the criminal trespass arrest and criminal prosecution of Jesus Guzman Curipoma, a 36 year-old oil engineer from Ecuador, finding the Operation Lone Star
controversial “arrest and jail” policy is a violation of the U. S. Constitution’s supremacy clause, causing the State of Texas to appeal the decision of Judge Soifer.
Judge Soifer’s decision is the first Texas District Court to hold the controversial “arrest and jail” policy of Operation Lone Star to be unconstitutional, establishing a legal precedent for future cases.
Neither Eagle Pass Mayor Rolando Salinas, Jr. nor City Manager George Antuna have previously announced the City of Eagle Pass’s commencement of enforcing the controversial “arrest and jail” policy under Operation Lone Star.
The official announcement made by Eagle Pass Police Department Public Information Officer Humberto Garza, Jr. coincides with the first day of work for newly hired Police Chief Federico “Fred” Garza, Jr., a retired Texas Department of Public Safety (DPS) Officer.
Public Information Officer Humberto Garza, Jr. added that additional police officers have been hired and will be riding on patrol vehicles to enforce the new Operation Lone Star policy of “arrest and jail” of undocumented immigrants within the community if they commit criminal trespass or theft of property.
Maverick County Attorney A. J. Iracheta previously announced that his office had received a large Operation Lone Star grant to hire new staff to commence the prosecution of misdemeanors such as criminal trespass or theft of property within Maverick County by undocumented immigrants. County Attorney Iracheta has publicly stated his office planned implementing such prosecutions in March 2022. Any enforcement of the controversial “arrest and jail” policy under Operation Lone Star in Maverick County requires the collaboration of the Maverick County Sheriff’s Department under Sheriff Tom Schmerber, a retired U. S. Border Patrol agent.
Certain Texas counties have received funds from Governor Greg Abbott’s Operation Lone Star Program to implement such prosecutions while other counties have declined. Obviously, the City of Eagle Pass and Maverick County have chosen to receive these funds and implement the controversial “arrest and jail” policies of Operation Lone Star. The Texas Legislature at the request of Governor Abbott allocated up to $3 Billion to fund Operation Lone Star and other border security programs.
Many cases under the “arrest and jail” policy of Operation Lone Star have been dismissed by some prosecutors or judges for failing to charge the individuals on a timely basis, detention of individuals without bail, incarceration for longer periods than the state sentence of a misdemeanor, denial of a speedy trial, and other reasons.
