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  • Article: Travel Advisory for Texas By Kevin R. Johnson

    Travel Advisory for Texas

    by


    As readers of this blog no doubt are aware, the Texas anti-sanctuary bill is generating considerable controversy.* But a Texas travel advisory?

    Travel_advisory_1

    The ACLU of Texas has announced a travel advisory for the Lone Star State.* Here is the announcement:

    "The American Civil Liberties Union issued a “travel alert” today informing anyone planning to travel to Texas in the near future to anticipate the possible violation of their constitutional rights when stopped by law enforcement.

    The alert comes amid the passing of a Texas law known as SB4. The law gives a green light to police officers in the state to investigate a person’s immigration status during a routine traffic stop, leading to widespread racial profiling, baseless scrutiny, and illegal arrests of citizens and non-citizens alike presumed to be “foreign” based on how they look or sound. The travel alert applies to all travelers to Texas, including U.S. travelers from other states and U.S. citizens. In addition, this alert applies to all encounters with federal, state, county law enforcement including local police and sheriffs.

    “The ACLU’s goal is to protect all Texans and all people traveling through Texas — regardless of their immigration status — from illegal harassment by law enforcement,” said Lorella Praeli, ACLU director of immigration policy and campaigns. “Texas is a state with deep Mexican roots and home to immigrants from all walks of life. Many of us fit the racial profile that the police in Texas will use to enforce Trump’s draconian deportation force.”

    SB4 requires Texas law enforcement to comply with the federal government’s constitutionally flawed use of detainer requests, which ask local law enforcement to hold people for U.S. Immigration and Customs Enforcement (ICE), even when they lack the legal authority to do so.

    “We plan to fight this racist and wrongheaded law in the courts and in the streets. Until we defeat it, everyone traveling in or to Texas needs to be aware of what’s in store for them,” said Terri Burke, executive director of the ACLU of Texas. “The Lone Star State will become a ‘show me your papers’ state, where every interaction with law enforcement can become a citizenship interrogation and potentially an illegal arrest.”"

    KJ

    This post originally appeared on Law Professor Blogs © 2014-2017 by Law Professor Blogs, LLC. All rights reserved.


    About The Author

    Kevin Johnson Kevin Johnson is Dean, Mabie-Apallas Professor of Public Interest Law, and Professor of Chicana/o Studies. He joined the UC Davis law faculty in 1989 and was named Associate Dean for Academic Affairs in 1998. Johnson became Dean in 2008. He has taught a wide array of classes, including immigration law, civil procedure, complex litigation, Latinos and Latinas and the law, and Critical Race Theory. In 1993, he was the recipient of the law school's Distinguished Teaching Award.Dean Johnson has published extensively on immigration law and civil rights. Published in 1999, his book How Did You Get to Be Mexican? A White/Brown Man's Search for Identity was nominated for the 2000 Robert F. Kennedy Book Award. Dean Johnson’s latest book, Immigration Law and the US-Mexico Border (2011), received the Latino Literacy Now’s International Latino Book Awards – Best Reference Book. Dean Johnson blogs at ImmigrationProf, and is a regular contributor on immigration on SCOTUSblog. A regular participant in national and international conferences, Dean Johnson has also held leadership positions in the Association of American Law Schools and is the recipient of an array of honors and awards. He is quoted regularly by the New York Times, Los Angeles Times, and other national and international news outlets.


    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

    Comments 1 Comment
    1. ImmigrationLawBlogs's Avatar
      ImmigrationLawBlogs -
      Professor Johnson questions whether an extreme comment on the Texas SB 4 law such as the ACLU's call for a "Travel Advisory" for Texas is justified. In my opinion, it is an under-reaction. Essentially the Texas law's goal is to set up a lawless tyranny in that state, where anyone who "looks" like a non-US citizen (i.e. Hispanic, Asian or black) can be demanded to produce his or her papers at any street corner or traffic stop, and hauled off to prison or summary deportation if the right papers are not forthcoming.

      This Gestapo-like atmosphere is only a reflection of Donald Trump's agenda for all of America. Once this atmosphere of tyranny is imposed on foreign citizens, or on Americans who look "foreign", it will inevitably be imposed on all Americans as well, whether or not they "look" like immigrants, and not just in Texas. The Texas law is only a mirror of the tyranny that Donald Trump is attempting to establish throughout America. Setting up a totalitarian regime for immigrants in Texas is only the beginning. The American people, in every state of the union, are next on the list.

      Roger Algase
      Attorney at Law
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