Brittany Kelley
SAN MARCOS — The Hays County Commissioners Court unanimously adopted a resolution affirming the county’s commitment to the constitutional and humane treatment of immigrants in the custody of any United States law enforcement agency at its June 10 meeting.
The resolution notes that the Constitution guarantees due process and equal protection to all people, not just those who are citizens, citing Zadvydas v. Davis (2001), as well.
“Transparency and accountability in the treatment, detention, and transport of individuals within Hays County is not only a matter of good governance but a constitutional imperative grounded in the First and Fourth Amendments’ protections of speech, association, and freedom from unreasonable searches and seizures,” reads the resolution. “The principle of reciprocity — ‘Do to others as you would have them do to you’ — echoes not only through sacred scripture but through the American ethos embedded in the Declaration of Independence, which asserts that ‘all men are created equal, endowed by their Creator with certain unalienable Rights.’”
Following the reading of the resolution, Hays County Judge Ruben Becerra played a video that shows only “a tiny drop of what is actually happening” in the United States today.
“This is not happening in some far-off corner of the county. It is happening here. Right here in Hays County, where even your county judge can be profiled. The police called on him for nothing more than being a minority man in an old truck outside of the very courthouse he was elected to serve,” voiced the video. “These actions are not just wrong, they are unconstitutional.”
“Make no mistake about it. That is what is happening to me and when it is happening to you, I will speak up,” said Becerra.
Numerous community members took to public comment to support the resolution brought forth by Becerra, including Driftwood retiree Jonathan Steinberg.
“I support the resolution,” he began. “I believe it strikes the appropriate balance between just and fair law enforcement under due process, balance with the people’s obligations to stand up to unjust oppression. No government should have the authority to pull up in an unmarked vehicle, take a person off the street and, without due process, imprison that person. The government of the United States does not have that authority. I trust you to affirm the commitment of law enforcement and the constitutional and humane treatment of immigrants.”
Jeff Thompson, a pastor of the Evangelical Lutheran Church, took to the podium to state his shock at the treatment of immigrants in this country. He noted that they are being labeled as criminals, mental patients, sex offenders and invaders, while in reality many are simply fleeing poverty and starvation in their home countries.
He reinforced the idea that these are human beings that are looking for a safe environment for their families and instead of welcoming them, the United States is arresting and detaining them, treating them as a plague on the nation.
“I support today anything this court can do to help mitigate in Hays County the effects of this tragedy that is sweeping our nation, so that we can be the loving, caring people I believe that God calls us to be,” Thompson concluded.
Sharing the story of her father, who was detained in 2018, was Natalie Avandado. She expressed that these facilities that keep the detainees are cruel, stating that when she went to visit her father, she couldn’t help but notice how cold it was and the barbed wire surrounding the place.
“He was literally in a prison. He was in prison and the only crime that they said he was guilty of is coming here to give me and my brother and sister a better life,” she stressed.
After showing support for the resolution with commissioner Debbie Ingalsbe, commissioner Michelle Cohen stated that it is a good start, but that the court needs to establish true, tangible resources for the community. She noted that one of the reasons she ran for office was to do better for her county, even if she can’t do something on the federal or state level.
Commissioner Walt Smith stressed that these unconstitutional happenings are personal to him, as when he was younger, he and his family aided 18 families in gaining citizenship. He also worked in congress to draft a bill to provide a path to citizenship for farmers: “We have an obligation to uphold the constitution. All of us do. We have an obligation to the humane treatment of everyone and we have an obligation to due process. With that, I support a resolution that says that.”
The item passed 5-0.
