TCRP FILES AMICUS BRIEF TO COURT ON OPERATION LONE STAR SMUGGLING CASE
- Press Manager
- Nov 22, 2024
- 3 min read
FOR IMMEDIATE RELEASE
November 22, 2024
Contact:
Texas Civil Rights Project, media@texascivilrightsproject.org
Lone Star Defenders Office, olsdefense@lsddefense.org
The border scheme preempts federal authority and arrests people suspected of smuggling
SAN ANTONIO, TEXAS - Yesterday, the Texas Civil Rights Project (TCRP) filed an amicus brief in support of an appeal filed by Lone Star Defenders, who is representing Oliver Eugene Evans, a father of five, arrested under Operation Lone Star in Maverick County. The amicus brief, filed in the 4th Court of Appeals, highlights how Operation Lone Star’s use of criminal statutes in furtherance of Texas’s immigration goals is preempted by federal immigration law. View the amicus filing here and the original complaint here.
Evans was arrested under Governor Abbott’s border scheme, Operation Lone Star, for simply agreeing to drive acquaintances to San Antonio, Texas. Evan’s car was stopped by State Troopers for suspected human smuggling, despite no evidence that Evans intended to smuggle or conceal his passengers.. Only after being pulled over did Evans learn that some of the passengers in the vehicle lacked legal status. Evans was then arrested and convicted of human smuggling under Operation Lone Star.
“Operation Lone Star has made it so this can happen to anyone: the Texas statute has the potential to turn a college student giving an undocumented classmate a ride to class into a felon,” said Kate Gibson Kumar (she/her), Beyond Borders Legal Fellow, Texas Civil Rights Project. “Operation Lone Star has touted its success, but in reality Texas’s prosecution of people like Mr. Evans is preempted by the federal Constitution. The exclusive power to regulate the presence and transportation of undocumented persons belongs to the federal government.,Operation Lone Star has run unchecked for three years, and if this continues, thousands of everyday people run the risk of being convicted and sentenced to years in prison under these same manufactured charges.”
“Mr. Evans’s case mirrors many of the over four thousand felony cases we’ve seen as part of Operation Lone Star. The State charges a U.S. citizen with a serious felony for merely driving someone who turns out to not be a U.S. citizen. The State’s misguided attempt to regulate immigration in this case underscores why the U.S. Constitution entrusts this area to the federal government alone. Spending tens of thousands of dollars to imprison Mr. Evans has not made our state safer,” said Doug Keller (he/him), Legal Director, Lone Star Defenders Office.
Initiated in March 2021, Operation Lone Star is the state program under which Texas law enforcement officers target migrants for arrest, jailing, and criminal prosecution for the state criminal offense of “trespassing.” Since Operation Lone Star’s implementation, the program has cost Texas taxpayers an estimated $11 billion. Over the past three years, the program has been expanded, leading to increasingly more racial profiling and the dangerous militarization of Texas border communities. Operation Lone Star has been and continues to be, riddled with controversies and civil rights violations.
To schedule an interview with the lawyers filing this amicus, please reach out to media@texascivilrightsproject.org.
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The Texas Civil Rights Project is boldly serving the movement for equality and justice in and out of the courts. We use our tools of litigation and legal advocacy to protect and advance the civil rights of everyone in Texas, and we partner with communities across the state to serve the rising movement for social justice. We undertake our work with a vision of a Texas in which all communities can thrive with dignity, justice and without fear.
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This was a powerful and informative post. The on-the-ground perspective and focus on real conditions in South Texas help bring important clarity to a complex issue. It’s valuable to see reporting that emphasizes lived realities and civil rights implications. I recently read a related discussion on a review blog https://grandoaksorthodontics.com/, which also explored how policy decisions can deeply affect communities and everyday lives.
This is a very thoughtful and timely piece. The way the article highlights the role of amicus briefs in shaping how courts understand broader civil rights implications really stands out. It’s not just about a single case, but about how policy decisions can have long-term impacts on human rights and legal protections. I recently came across a similar discussion on a review blog fake certificate, and it also touched on how institutions and legal frameworks influence public trust and interpretation of authority, which felt loosely connected to the themes here. Overall, a strong and informative read.
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