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The Senate Committee on Border Security met on November 15, 2022, to hear invited testimony and public comments regarding Operation Lonestar. An archive video of the meeting can be found here.

This report is intended to give you an overview and highlight the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Invited Testimony

Carl Landrum, Laredo Chief Patrol Agent

  • At this time, border patrol is in a situation that is overwhelming, have identified an opportunity to amend Texas penal code 2.122 that would help border patrol agents to carry
  • Birdwell- Can you expand on the enhancement of the code that would allow you to do more than what you are at this time? Are there parallels and other statutes?
    • We want to move subsection C to subsection A
    • Max Lopez, Laredo Border Patrol Officer – Subsection A names off federal agencies but does not include border patrol; It does list 15 partner agencies, so on this amendment we are asking to be number 16 on list of deferral agencies
  • Birdwell– What can you do now in section C?
    • Lopez – Section C limits us greatly to certain locations, subsection C allows us to detain, if moved to subsection A it would allow us to directly prosecute
  • Birdwell- So you can detain someone for a federal or state crime and take it directly to prosecution?
    • Gives example of smuggling of persons law where border patrol agents could prosecute directly with the state; benefitted border patrol agents because it was 302 cases that would’ve been missed
  • Sen Hinojosa- Clarify on how you will differ from police officers?
    • We will not be a police officer in status but authority
  • Birdwell- Give us a sense of where these people come from
    • 160 countries worldwide within the last year
  • Hinojosa- The number of families coming across is less than 50%, and now males are coming in large numbers, some are good people, and some are bad. Is this your experience?
    • I have experienced all of that, and there is virtually no surrender entry in Laredo; different than what is experienced in Del Rio
  • Birdwell- Border patrol agents would then have to take part in evidence testimony in court? Would it be a good assumption that your supervisors would allow their officers to testify in court?
    • We testify in all courts and the district attorney reported no problems with this in the past
  • Hall- Are we expanding the federal law enforcement operating in Texas?
  • Hinojosa – We need to provide the tools to support a better border
  • Hall – We passed a bill that prohibits a federal gun law over a Texas gun law, this is along the lines of a federal overreach; concerned about unintended consequences
  • Birdwell- Border patrol will have the authority, but it may not get exercised
  • Birdwell- How do we make them a multiplier for state operation without giving them too much authority?
    • We are asking for parity with the other 15 other agencies on the bill; believe it will help us provide better security on the border and nationally

Ricky Jones, Franklin County Sheriff

  • This is an issue far past the border, and we are needing some help; fighting a battle against human trafficking coming through our county; aren’t getting much assistance and need more funding
  • The fentanyl and meth problems are of concern, 4 deaths from fentanyl since July within the county; need help on narcotics officers doing cases, border agents are busy handling the people and the drugs are coming across our state in pounds
  • Expect DPS to help us and are not due to them protecting the border

 

Bill Waybourn, Tarrant County Sheriff

  • Have many inmates who are immigrants with a high degree of a criminal convictions
  • While there are many good immigrants, we are seeing an increase in criminal immigrants
  • In the last 6 weeks we have confiscated over $1 M of drugs; have lost 124 citizens to fentanyl poisoning this year; seized $35 M plus this year in drugs
  • Cartel members don’t care about who they are killing, clients or not, they want them to die; vital to pay closer attention to identify who’s coming across the border
  • In prison, the increase in crisis is a result of the increased circulating of drugs; cannot keep up with the increase of prisoners because we will run out of room

Morgan Hightower, Moore County Sheriff

  • We are experiencing a surge in fentanyl and methamphetamine
  • We are a small county but have industry including the new dairy plant that is supposed to be the largest in the U.S. and attracts many foreigners for work
  • The state needs to allocate more money to hire deputies to help keep the county safe

 

Bobby Rader, Liberty County Sheriff –

  • Torrenos Houston community is of special concern, increase of 5,000 students to 11,000; 97% of population increase is from this area; Cleveland school district spent million on buildings within the past 5 years
  • The hospitals have had a significant increase in Hispanic patients
  • We have the big city problems like homicides, shootings, drugs, etc.; area is becoming a hub of drug and gang related activity; meth is heavily saturated across the area and cocaine is becoming more of a problem recently
  • We do not have enough people to work to keep up with the problems

Parnell Mcnamara, McLennan County Sheriff

  • We are intercepting a lot of loads of meth and fentanyl coming from the border
  • We have three helicopters in McLennan County; been extremely helpful, they found a body floating on the river who had treated brutally; able to send the helicopter back to the border and work with them
  • Dealing with the influx of narcotics (75-85 pounds) of meth
  • Dec 29th Is the worst scene we have ever had; an illegal alien gun downed his wife and children as well as neighbor’s families; took the lives of wonderful and respected citizens of the county and he who caused so much harm, is not a citizen of this country
  • Birdwell- Is the relief you need related to full strength troopers?
  • Birdwell- We don’t want you to pay twice for losing a trooper and loosing level 1 deputy officers; what’s the right amount of man power for our DPS so that it does not need to surge back and forth, and so that the interior of the state stays full?
    • Waybourn – We need rangers, narcotic people, etc.
    • Jones – I appreciate the staff we have, but what we have is not enough whether its troopers or grants for hiring
    • Jones – The troopers and the accidents are difficult, but in no means am I upset about where the DPS is at
  • Birdwell- If Operation Lonestar were not happening, what are the costs you would be barring?
    • Rader – We are shorthanded, and if that were to happen I would have more people resign
    • Hightower – If there was no Operation Lonestar we would have to jump the budget in jail and the cost would triple
    • Jones – if Operation Lonestar wasn’t there I don’t think we could hire enough officers to do all the tasks that we need covered; counties have the cap, and changes are hard to make because our hands are tied with the cap
    • Waybourn – Operation Lonestar is doing a great job, and I can’t imagine stopping this program
  • Hinojosa- Problem is human trafficking, stash houses, and the challenge of jail capacity; most drugs are coming across the bridges, and those bridges are understaffed therefore they cannot inspect every car thoroughly
  • Hinojosa- Talk about a new law that the selling of fentanyl killing a buyer is a murder charge
  • Hinojosa- When families come over, they overwhelm border patrol, however the community tries to help as much as possible, but border patrol leaves gaps where DPS comes in
  • Hinojosa- This security is needed to stop the illegal activity right at the border and have the federal gov increase assets and resources to protect our communities
  • Hall- The drugs are affecting mental health problems drastically in the youth and schools; violence that is growing in lower school grades is scary; must address the real problem and do something to stop this, especially the human trafficking
  • Hall- I expect to see a huge increase in deaths due to fentanyl, crimes against humanity is severe and we owe it to the people of Texas to step up
  • Birdwell- Is meth coming across the border so prevalent it made it economically infeasible to make meth in Texas in labs?
    • Waybourn – It’s all coming across the border; last year in two different busts seized 1500 lbs of meth; lots of meth, fentanyl, cocaine, and high-grade marijuana coming from the south of the border
  • Birdwell – Are you having similar experiences?
    • Hightower – Yes, another problem we have in Moore County is edibles coming from New Mexico and Colorado
    • Rader – The ingredients are all coming from Mexico; have busted some labs recently though; market is flooded in Liberty County
    • McNamara – Don’t have any meth labs anymore; 99.9% of drugs are coming from Mexico, and the bad stuff is coming straight from the border
    • Rader – Our juvenile problems are bad in the school district; 85% of juvenile probation are from the subdivisions I was mentioning and 95% of those students have drug charges

Sarah Hicks, Director of Policy and Budget, Office of the Governor

  • 2 M migrants apprehended crossing illegally in federal fiscal year 22; 33% increase over 2021; 450% over 2020
  • Abbott issued executive order 41 to direct DPS to return apprehended migrants to ports of entry; Executive order 42 designated Mexican cartels are terrorist organizations; One Pill Kills campaign in October
  • Since April, the crossings move west towards El Paso
  • Yesterday, Abbott addressed the border situation and asked 62 counties to join him in urging the Texas Congressional Delegation to redouble their efforts in January and reimburse Texas for state spending in the absence of federal action
  • Additional $49 M expenditure that happened in the last quarter of the year for barriers
  • Operation Lonestar (OLS) has accomplished a lot; nearly 353 M lethal doses of fentanyl confiscated by DPS alone; 21,941 criminal arrests, repelled 30,000 people from illegally entering the state
  • 301 buses sent outside the state carrying over 13,000 migrants
  • 70 miles of temporary fencing have been set up on the border to help patrolling, 40 miles of sea wire has been installed since April, and 18.8 miles in walls is in the progress of being done; additional contracts will be signed soon for additional mileage
  • Hinojosa- What is sustainable? Do we stand any chance of getting refunded by the federal government?
    • We have had many conversations, and I do not know how the congress will act but lots of conversations with senators and representatives asking for their help
  • Hinojosa – Immigrant families are not the main problem but the human trafficking, drugs, and males coming in from the gaps in the border
  • Birdwell- Did you see the governor’s post this morning about invoking an invasion decision?
    • No
  • Birdwell – He states a list of things related to keeping our state safe, what is the difference in the price point of Operation of Lonestar pre-invasion declaration and now post-invasion declaration? Does the governor plan to engage in combat operations?
    • I believe what he was referencing was executive order number 41, which is consistent with the letters he sent to the judges today; he is reiterating the positions he has taken; don’t believe that it is a change in overall tactic but reiteration of how serious this situation is
  • Birdwell – The way this reads is that you are supplanting DPS with Texas military forces as the lead agency for combat operations; an increase in lethality and decrease of protection of due process; what is the legislature going to be asked to fund?
    • It is not a change from law enforcement response to a military response
  • Birdwell- Can’t keep spending this money in perpetuity with all the other expenditures of the state; difference between war and peace is very profound, and want to make sure we understand what we are getting into
    • Governor is cognizant of that distinction as well
  • Hinojosa- Why do you need the increase? Gaps in system that we need to make up this coming session
    • Not a hole in any agency at this point
  • Hinojosa- That’s not what they tell us
    • Have been efforts by agency to say their budgets have not been changed in overall levels; if they see there’s a need for additional funds that is one issue, but SB 8 is not meant to create additional funds for the agency to do their job
  • Birdwell- My sense is that the budget executing the Governor has done for agencies will not require a backfill of any state agencies, but does it mean that these state agencies will ask for that much more in the next biennium?
    • It is not a clear yes or no but for some of the other efforts such as the building of the wall, these numbers have not all been requested in the LAR at this point
  • Birdwell- If we continue current operational tempo even though the dollars may come from different locations you would still anticipate we are spending the same amount of money in the future from state revenue?
    • That’s right
  • Birdwell- Difference between Q3 and Q4 on performance indicators is that apprehensions have gone down but apprehensions of juveniles has gone up, almost doubling; what is anomaly we are seeing at the border?
    • Those numbers are just passed through from locals that are receiving OLS grants
    • Aimee Snoddy, Public Safety Office- Not readily available but can give specifics county by county if that’s something you are looking for
  • Birdwell- Looking for reason why we are seeing juveniles going up
    • Can have those discussions with the counties

Colonel Steven McCraw, Director of Texas Department of Public Safety

  • Six Mexican cartels operate inside Texas; cartels have taken over meth production and potency has gone up; counterfeit pills with fentanyl are new problem with lethal doses and poisonings; human smuggling continues to increase
  • Birdwell– Are you unable to recruit troopers because of hostility to law enforcement, or is there another reason?
    • It’s a statewide and national problem, have an attrition rate of 150 a year which are mostly retirements; 300 down to begin with this biennium; are recruiting state and nation wide which means we are competitive
    • There are sacrifices in being a state trooper, 4,660 positions now but really need about 5,000; realistically we can take care of the additional 250 positions we are requesting
  • Birdwell- Fear that what’s good enough today is not good enough in 5 years, we can only hire so many in a period of time
    • We have got to be realistic in asking for what we believe we can pull off; should be able to meet the request
  • Birdwell- How does the change from non-invasion to invasion status change operations? Might be in a refugee circumstance now that is a more favorable immigration status than an asylum seeker; what will you do differently and ask of differently?
    • There really is no change for us due to following due process and laws; may change resources, operations, and tempo to reflect environment we are in; a war footing is not what we do, we abide by the strict guidelines we have when it comes to deadly force
  • Hall- What difference does the invasion declaration make?
    • The Governor has made it clear that we operate under guidelines, by declaring an invasion it allows us to take them back to the border and push them back across; our concern is that it will create a Texas catch and releases program without proper vetting
    • Sounds good but would be doing the same thing our federal partners do; want a secured border and need infrastructure and technology with boots on the ground
    • Need to target criminal enterprises and cartels on border and in every community in the state
  • Hall- What would you say Texas is going to accomplish reductions in drugs and human trafficking?
    • Need a border wall and bridges with technology to replace just dogs alone to identify the drugs coming across and increase our change of detecting drugs and acting as a deterrent network
    • Border patrol needs more people and infrastructure; need policy changes too
  • Hall- What about rules of engagement that prevent you from using certain technologies?
    • Not allowed to do communications interruption or intercepting telecommunications in Mexico; work with Mexican counterparts and use 280 drones that have thermal capability
    • FAA restrictions on drone and the cartel uses drones as scouts
  • Hall- Any limitations on drug dealers using drones?
    • We can detect them but we can’t eliminate them even if we can demonstrate they are connected to the cartels; cartels primarily using for scouting purposes but could be weaponized
  • Hall- Anything that state currently has in place that is a barrier?
    • Enacted more harsh punishment on fentanyl deliveries; human trafficking doesn’t stop and it’s not visible to the public; have upped award for identifying stash houses and rescued over 2,000 migrants that are stuffed into those locations
    • Always preyed upon our juveniles and recruiting through social media platforms and promises of money
    • Some juvenile arrests are not even from the area and gang members coming down to border too
  • Hall- What can we do though? Have heard about innovative approaches to creating walls but are we actually doing anything?
    • Have been tracking but it takes time to get it done; temporary solution of concertina wire
  • Hall- Need to focus on cutting down on deaths of Americans and problems we are having with mental health; need to take up making this border
  • Birdwell- Our obligation is to obey the law and as it relates to the fence we have been erecting it is with the land owners permission because this is not an imminent domain issue; coming at border security from state criminal law so have no authority with immigration
  • Sen Birdwell- Not always having border wall in the most advantageous position because it is where the property owners want it
    • Question of what we can do to protect landowner now; when someone crosses a fence it is criminal trespassing and a state crime and criminal deterrent
  • We find people coming between ports of entry on a terrorism watch list that hide in groups of people; can’t just blanket troopers 24/7; need to use infrastructure and technology
  • Hall- Don’t have to patrol every foot of border; need rapid deployment teams that go where technology identifies cartels so we can focus on the bad people
    • More deterrents and education for children needed
  • Sen Hinojosa- Testified there are over 200 stash houses?
    • Yes, those are just the ones we have identified in the past year; areas are shifting from just Rio Grande to Del Rio and El Paso; keep enhancing security and they keep moving West
  • Birdwell- Anything in appropriations that you think you will need differently based on Gov. declaration this morning?
    • No, sir

Gen. Thomas Suelzer, Adjunct General of Texas Military Department

  • 5,100 state personnel on active duty in support of OLS; 80% volunteer based; have constructed 118 miles of border barrier; over 323,000 migrant apprehensions
  • Expenditures were $1.24 B for 22 FY, FY 23 funding to date is $429.8 M which includes funds and reimbursements carried over from FY 22
  • Birdwell- Main appropriation for man hours; back in April you were looking at running out of appropriated dollars in May; from what I see there’s no backfill you will need in this biennium, but for next biennium with today’s declaration what changes with operational tempo and man hours?
    • The way I read the memo is that the Gov. is restating my mission which is to protect the border and repel; no change in mission to us
  • Birdwell- When you say repel that implies offensive operations; does that change your rules of engagement?
    • Not based on what I saw; can only tell you where we are today; we have trimmed back logistics and contracted out fencing and increased boat operations letting us send more people home so don’t see us increasing troops
    • Goal is to make this sustainable by becoming as efficient as possible using technology and barriers; volunteers understand mission and are becoming more efficient
  • Birdwell- Is life support structure and soldier pay settled out and is cost now complete?
    • Has stabilized; every quarter will renegotiate the contracts down; will realize savings going into next quarter doing that
  • Birdwell- If condition on border deteriorates are you in a position where you can surge up?
    • Yes, we have instant surge capability
  • Hinojosa- Initially issues with hardships; are those being resolved?
    • In November had an onboarding at Camp Swift and had 39 people show up unannounced to volunteer; more volunteers stabilize mission and improves morale
  • Currently looking at support staff that aren’t on the border and cutting that by about 50% without decreasing capability; hope to give smaller number of troops next time I speak here
  • Hinojosa- How long does your budget last?
    • Through the end of December; will need additional funding in January
  • Hinojosa- Usually don’t do a supplemental budget until late in the session; so will need a transfer of funding from other state agencies?
    • Yes
  • Hall- What is the rotation time now?
    • For non-volunteers it is a 365 day call up; looking at ability to call up non-volunteers for six months and looking at staffing people who are currently on mission that are nonvoluntarily mobilized and decreasing it to nine months
  • Hall- Anything needed from us to help with operations?
    • Will need capital budget authority as we move up technology to increase capability with same or lower troop amount
  • Hall- What is your area of operations?
    • Entire length of border; mainly from Brownsville to Del Rio and have 75 troops in El Paso
  • Birdwell- With total forces of national guard too what has been impact of OLS to normal training cycles? Do you have to pull troops out of OLS to go to annual training?
    • Part of the personnel planning requirement is allowing ability to the soldiers to do their training; a management problem that we are able to work through
  • Birdwell- How do you make sure that there aren’t gaps in troops when some go to training?
    • Mainly managing manpower to cover what we need to cover and there are sufficient forces for people to do drill periods and training; ability to do alternate training cycles

 

Nim Kidd, Chief of Texas Department of Emergency Management

  • Birdwell- What is the cost of the bussing operation and what challenges are you dealing with?
    • To date, have paid out a little over $26 M for the bus contracts that includes cost of bus, security on bus, and resources on buses; doesn’t include cost of inspecting the bus which we do every time
  • Birdwell- Some people in states we have transferred people to are using the inspections as a hostile method against us?
    • The city of New York is attempting; every person we put on these busses volunteers to be on these buses; same buses we move Texans on for a disaster response; about 13,280 people from a host of nations on these buses
    • Number of buses depends on where border patrol drops off migrants to NGOs
  • Birdwell- Is there cooperation with border patrol, NGOs, and your organization?
    • Border patrol can be elusive with NGOs; sometimes they don’t tell them when they will drop off; we stay out of those communications
    • Buses from El Paso are paid for by El Paso and the federal government
  • Birdwell- How long can the state continue to do this?
    • As long as we are directed, and the legislature funds it
  • Birdwell- Haven’t had bus contractors not wanting to do it?
    • No, the opposite
  • Hinojosa- On the buses the people are volunteers; issue that communities who are bussing the migrants aren’t prepared for them because they are not being told the migrants are coming; has that changed?
    • FEMA has appropriated over $500 M to NGOs; large chunk has gone to communication; have confidence that NGOs are communicating with each other
  • Hinojosa- Not the case originally when you started correct?
    • Yes, first few buses that arrived in Washington, DC may not have had exact coordination worked out
  • Hinojosa- When Gov. Desantis flew migrants out of Texas that was an aberration right? Texas not involved directly in that event?
    • Can’t speak to that operation; not a part of what they did
  • Hull- About $2,000 per person per bus; why aren’t we just flying them since that’s the cost of a first-class ticket?
    • Goal of buses was to keep migrants together on journey
  • Hull- We are spending a lot of money we don’t need to spend to transfer people who came here illegally; don’t think we should be doing that; idea is just to get them out of Texas; understand keeping families together
  • Hull- What would it take to change that policy so we did it economically?
    • Conversation for leadership
  • Birdwell- Part of what you are doing with buses is to have positive control over the situation the entire way; Could have individuals that are traveling through airport hubs and may not go to location that’s been chosen?
    • Correct; and there are NGOs that are doing what Sen. Hull is talking about and there’s no guarantee that they are going to destination or even leaving Texas
  • Birdwell- You mention NGO coordination from domestic location to domestic location; is there reason to believe Texas NGOs are coordinating with NGOs south of border and participating in the trafficking?
    • From my visit it appeared they were having conversations with their counterparts south of the border
  • Hull- Any incidents of migrants not making it all the way to the destination and getting off on stops along the way?
    • Yes
  • Hull- So you could actually have better control getting them out of Texas on an airplane because they can’t get off between stops?
    • I understand why you think that but once they are released in the airport you have no control over where they go; they could leave the airport
  • Birdwell- Even after bus arrives in New York City there’s no guarantee they aren’t moving back to Texas and costing the state

 

Colonel Chad Jones, Texas Parks and Wildlife Department

  • Have 66 assets on the border; main priority it to support border patrol and DPS; have spent roughly $9.3 M of reimbursable money; come into contact with 4,588 adults and 754 juveniles and 2,311 force returns which are where individuals coming across border see our boats and go back into Mexico
  • Have k-9 team, drone operators, and boat mechanics as well
  • Hinojosa- Has the number of encounters with migrants dropped off at checkpoints led to an increase?
    • Have seen increase in detections on ranches and lands; have supplemental border operation in Kingsville area and had 54 apprehensions on ranch lands
  • Hinojosa- Has border wall had impact on wildlife?
    • Would have to refer you to wildlife scientists at agency
  • Birdwell- Are game wardens there for the purpose of OLS or primarily to be game wardens? Have multiple duties?
    • OLS assets are solely the 66 ones mentioned; remaining game wardens are regular duty
  • Birdwell- What are we getting for what is spent?
    • Assets working on OLS show return through retentions
  • Birdwell- Don’t have anything in front of me that says the return on investment; I need that data that you have
    • Misstep on my behalf; will get you that information
  • Birdwell- Are any apprehensions duplicated with DPS or are those standalone apprehensions?
    • Apprehensions that we record for our records; wouldn’t submit individually; would submit with another agency
  • Birdwell- Any areas of the border where TPW is the primary force?
    • Yes, Anzalduas park area with 35 miles of river; we are the primary force there with bulk of assets
  • Birdwell- Thought it was 66 assets across 1,200 miles; other areas where game wardens are performing supportive roles but main force in certain areas; need map or chart to show these areas
    • Will be happy to get that to you

 

Jason Clark, Texas Department of Criminal Justice

  • Along border counties in 2021 significant number of individuals being arrested on state charges and less people in jails due to COVID; immediate need in Del Rio area to strategically convert prisons to jails, identified Dilly Prison; first confinees received in July of 2021
  • Additional jails in Briscoe and Segovia; just over 800 confinees in both facilities
  • Experienced highest correctional officer vacancies in April; after Lege 15% pay raise have seen increases in staffing and moving in right direction
  • Most people are charged with felonies mainly smuggling of a person; 34% charged with criminal trespass; out of 811 there are 391 US citizens that coming to the border to make money; next prevalent country is Mexico
  • Maverick and Kinney County are utilizing these two jails the most
  • Had to adapt operations when it comes to access to attorneys; since pre-trail there was need for more access to attorney; can do in person, virtual, or phone visits with lawyers
  • Individuals given notice of counsel assignment when they come in; sending weekly lists of individuals in jail to Texas Indigent Defense Commission for redundancy
  • Set up virtual court where most misdemeanor cases are handled; felonies are done in person so have to transfer individuals back to arresting county for court date
  • 6,700 individuals who have come through, over 3,400 have bonded out; 3,000 are misdemeanor cases of people who have come over illegally and are picked up by immigration
  • Around 1,900 are misdemeanor cases where judges give them time served, an average of 49-50 days in our custody; handed over to immigration officials after
  • 41 felony cases in system; if sentenced to prison are transferred to a prison facility
  • Have been active in fence building and produced over 32 miles of cyclone fencing to the border and 183,000 feet of sea wire
  • Expended $11.6 M on OLS so far; staffing increases and expanding medical capacity, fire safety systems were enhanced as well
  • Hinojosa- Still some issues with counties where initial charges were filed and how long paperwork to be charged is taking
    • Improvement but still challenges; court administrators working with district courts and sheriffs to move paperwork along
  • Birdwell- How do you make determine of country of citizenship?
    • Do an intake process and ask where they were born; share our information with immigration officials who share with us as well to try to validate where individuals are from
  • Birdwell- Do any embassies engage in this?
    • Yes, very helpful; Mexican consulate has engaged with us on this and have been able to provide birth certificates
  • Birdwell- Any people apprehended from countries we don’t have diplomatic relations with?
    • Yes, Venezuela would be one
  • Birdwell- Kinney and Maverick counties are the main counties of apprehension?
    • Yes and most are along the border where DPS has been active
  • Birdwell- How many of the US people are the “little fish” and how many are “bigger fish” within the cartels?
    • Real mix; some younger people are just trying to make a quick buck; older individuals usually more hardcore and have some gang affiliation; 87 of the US citizens are gang members
  • Birdwell- So final adjudication is either time served or felony?
    • Yes
  • Birdwell- If they go to standard facility for felony will they be treated the same as other individuals in jails or is ICE told when the person completes the sentence?
    • When the person becomes a prisoner are treated the same as anyone else; immigration has changed over administrations; ICE has been holding detainees and not dropping them after Texas sued the current administration

 

Megan LaVoie, Office of Court Administration

  • OCA supports local jurisdictions through training, consulting, and helping facilitate central magistration; occurs at two processing facilities twice a day seven days a week; provides 7 administrative assistants and 7 interpreters
  • Through end of October just under 7,000 magistrations conducted; 87% use interpreters; 92% of them have been appointed counsel; average bond for criminal trespass just under $3,000; average bond for felony about $27,000
  • $32.5 M in HB 9 appropriated; $1.95 M to OCA, expended $ 473,000 on interpreters and consultants; under $300,000 on OCA compensation; $1 M obligated through August 2023; $29.7 M appropriated for indigent defense; over $900,000 appropriated for visiting judges
  • Hinojosa- Still some issues with paperwork holdup and being filed with DA; have there been issues with delays in some cases?
    • Working to make sure arraignment is set up within 15 days; have been delays in filing of cases that slows down dockets; delays in getting police report to local county attorney; several actors working to make sure documents are timely
  • Hinojosa- Heard of people sitting in jail for six weeks before there is enough paperwork to process the case
    • Staffing shortages across all industries involved and issues finding qualified staff; working on this to make sure cases are timely filed

 

Geoff Burkhart, Texas Indigent Defense Commission

  • Working to make sure everyone has access to counsel; in good shape on this; biggest challenge is quality but now have 69 attorneys working on these cases
  • Increasing number of felonies, almost a fourth of cases
  • Bridwell- Anything about invasion declaration change your processes?
    • I don’t think so; judges across state will continue to interpret the law; chief justice has emergency powers in time of disaster and has been exercised in OLS when needed

 

Public Comment

Alexis Alesario, Self

  • Directly effecting border communities; criticizes the harmful rhetoric used to justify acts in Operation Lonestar; should be investigated and funding should be cut

 

Fernando Garcia, Founder of Border Network for Human Rights

  • Operation Lonestar illegal and dangerous; more migrants dying because they are pushed to isolated deserts and dangerous crossing; citizens of United States being racially profiled
  • Call for Gov. Abbott to discontinue Operation Lonestar (OLS) and for the Texas Lege to investigate OLS and the relation between OLS and migrants dying at the border; redirect billions into urgent needs a border such as healthcare, nutrition, housing, and jobs

 

Ivana Bueno, Self

  • Community being attacked by Operation Lonestar; violating constitution and targets people of color; lock people up in unsanitary conditions and they face abuse; valley is not a warzone but a hardworking and thriving community; funding should go to teachers and healthcare

 

Daniella Gamacha, Self

  • Describes the thriving Rio Grande Valley up until Operation Lonestar started; undocumented citizen for 20 years; Lonestar is criminalizing immigrants and people of color; local newspaper released photos of overcrowded jail facilities in Hidalgo County
  • Lack of testimony this morning from law enforcement members from border communities
  • Sen Hinojosa- Familiar with challenges faced in the Valley, describes the deportation of his mother and himself; immigration to Texas has changed to people from all over the world overwhelming the border
  • Sen Hinojosa-Can you give examples of how Operation Lonestar is impacting our communities in a negative way?
    • Garcia- Difficult to not be racially profiled even if you are a citizen living at the border; officials don’t know practicality of immigration laws and people are stopped because they look like Latinos
  • Sen Hinojosa- Have worked with DPS to minimize the stops of citizen because DPS doesn’t have proper training and have pulled out of communities where children are documented, and parents aren’t; want DPS to stick to mission of stopping drug trafficking and leaving the local families alone
  • Sen Hinojosa- Agree that valley is safe and a good place to live and raise families; issue has been politicized; trying to find balance of not disturbing families and protecting them from the drugs that are on the border
  • Sen Hinojosa- Human trafficking also a real issue; intent is not to harass and heckle local communities; sometimes it happens when new troopers come down to the valley but then they realize it is different
    • Garcia- Recognize cities on the border may not be safe now with Operation Lonestar; need to have trust in community and now the communities may not call sheriffs to report a crime because the sheriff is enforcing immigration laws
  • Hinojosa- Will work with law enforcement to make sure they don’t ask immigration status when someone reports a crime
    • Bueno- Economic disparities are greater in community even if community looks homogenous Hispanic; profiling through type of car and workers carpooling to work
  • Hinojosa- Working on stopping this type of profiling; has been minimized to a certain extent; have had debates on this issue

 

Joaquin Rodriguez; Self

  • Impact on entire state; success of Operation Lonestar built upon misuse of taxpayer money; Abbott has fearmongered and demonized central Americans looking for a better life; gives details about accusation against Operation Lonestar

 

Irma Cruz, Border Network for Human Rights

  • Oppose Operation Lonestar because of documented abuses; poor communities that are not being invested IN and being forgotten; feel harassed

 

Betty Camargo, Reform Immigration for Texas Alliance

  • Members of alliance belong to many sectors that foster community; operation harmful, racist, and unlawful; invite members of committee to spend time with border resident; money spent on the operation can be spent in region to invest in communities

 

Ramona Casas, ARISE Adelante

  • Organizer for 36 years and since Operation Lonestar has started there has been fear in communities and difficulty in daily life of communities; Many families enjoy going to public parks and are now full of border patrol and state police targeting and intimidating them, its militarization
  • Should invest in the Rio Grande community and support immigrants; need to protect valley from Hurricane; no streetlights or public transportation
  • Hinojosa- Infrastructure challenges haVE been worked on with organizers in the colonias; have invested money in communities, public schools, community colleges, and universities
    • Camargo- Communities should be on a panel next time instead of just public comment
  • Birdwell- Have been listening to public and having public hearing in communities
    • Camargo- We were part of hearing in Eagle pass but like that community not invited to be in part of a panel; felt like you wanted to bring in people who could tout Operation Lonestar

 

Dinah Nunez, Self

  • Testimony translated by Betty Carmago; Operation Lonestar steals funds communities needs and hurts families of mixed immigration status; gives anecdote of a father being questioned regarding immigration status and held in vehicle overnight and dropped off on immigration bridge

 

Ruth Aguillo, ARISE Adelante

  • Shares testimony of county resident that highlights the militarization of their community; hopes for money to be used for education, scholarship, jobs, and transportation; no public lights in communities is dangerous

 

Ashely Vasquez, Self

  • Gives personal account of family members being stopped by DPS or border patrol; requests that necessities are given to immigrant communities who are afraid of going outside of their homes; ask for public lighting and infrastructure; pothole and drainage issues

 

Sofia Casini, Freedom for Immigrants

  • Has hotline that exists in every immigration center and gets abuse reports from across the nation and Texas; deserve addressing of issues happening in state; sheriff made offhand comment that only 2% are criminal
  • See violations of due process for asylum seekers with Operation Lonestar; evidence of fabrication of criminality and pushing people onto certain lands to then make trespass charges; question numbers in terms of harm of people escaping for their lives
  • Question that $20 M a week are used for Operation Lonestar; could be used for so much more; Texans being taken advantage of, and people’s rights are being violated

 

Diane Vega, Repatriate our Patriot

  • Operation Lonestar effects everyone in Texas; Operation Lonestar jeopardizes military readiness; funds should be used to better naturalization process for those in the military; country’s veterans are being deported

 

Jamie Puente, Every Texan

  • Operation Lonestar is a farce; intended to deter immigrants from entering the United States through Texas but they continue to come; need more workers yet Operation Lonestar preventing people from coming here and making our cities and state stronger

 

Esther Reyes, Children’s Defense Fund Texas

  • Firmly against Operation Lonestar, costs Texans too much money, funds used without authorization from the state legislature; increasing evidence that law enforcement agencies are fabricating charges;
  • Birdwell- Can you explain what you meant by veterans being deported? I thought you had to be legally in this country to enlist?
    • Vuega- Some that joined the military didn’t know they weren’t citizends when they enlisted or were drafted during the Vietnam war; every organization was asked what they needed yet the people from the border community have not been told they will be helped
  • Hinojosa- Have provided millions of dollars for drainage and to help veterans; we do listen and agree with most of your comments; how do we manage the overwhelming immigration on the southern border
    • Puente- Through history as we increase the militarization of the border, we intentionally funnel people away from ports of entry that allow people to seek asylum; now people making deadly decision to seek entry between the ports of entry
    • Puente- State using federal dollars to enforce federal policy; would like to have a discussion about approaching border security in a way that recognizes people want to come to this country
  • Hall- Can’t ignore one side of this problem while just addressing the other side; just because you can do something doesn’t make it right
  • Hall- How do we address issue of evil groups called cartels that are sex trafficking, drug trafficking and using people to hide them; have serious issue of mental illness going through the roof because of the evil cartels
    • Puente- Learned from law enforcement that one of their most powerful tools is to determine what the current situation calls for; people don’t have a way to come into this country legally
  • Puente- Should expend state resources in a way that gets to the bottom of problem rather than exacerbating the problem like Operation Lonestar is doing; need to address problems with people getting in legally
  • Reyes- Historically our immigration system has targeting immigrants of color and encourage that we look at how the history of immigration is affecting immigration today

 

Closing Comments

  • Birdwell- Draft of interim report by end of week of December 5th because of busy schedule, submitted by December 15th