USDC Moses Offers Her Additional Fact Findings, To The Fifth Circuit, In The Land Razor Wire Barrier Cases -- Where Two People Were Drowned In January.

It seems that much will be decided in the coming few days -- on all these cases, now that it is clear that Texas cannot use "show us your papers!" [SB-4] as an approach to detaining and deporting people who might simply look Latino -- on its own.

This is the third order / report of the day. In this 20 plus page decision, Alia Moses finds that the Texas obstructions in Shelby Park may well have contributed to the deaths of a mother and child in the river in frigid water, on January 11. She further finds that rescues had to be accomplished from the Mexico Rio Grande shore-side, by Mexican charitable organizations, on January 28, 2024 -- again due to delays and impediments on the US side, erected and maintained by Texas state officers. Somewhere they absolutely, under long standing federal law, are NOT allowed to be in action -- in the first place. Damnation. Just. . . damn.

Do read it all -- but the actions of Texas's Gov. Abbott-led agents. . . are now beyond dispute both unlawful, and lethal. I would add. . . barbarian -- to that list. Here's the money quote, on the drownings -- this from a deeply conservative West Texas USDC Chief Judge, Alia Moses, in Del Rio:

. . .Garcia explained to McKinney that three migrants had "possibly drowned" and there were two migrants on the U.S. side of the river. Garcia said he needed access to Shelby Park to locate any migrants still in the water and to attempt to rescue them. According to Garcia, McKinney advised he was unable to allow access but that he would send soldiers to that area to look for those subjects. McKinney offered to retrieve at least two of the migrants. Martinez stood behind Garcia during this conversation and recorded names, information, and times. According to Garcia, he clearly communicated to McKinney that there was an urgent situation and that he was requesting access into Shelby Park, but that McKinney denied him access. Danley testified that his understanding that night was that BP was trying to rescue three people "who were believed to be drowning or potential drowning victims," and two additional people "who were believed to be hypothermic and needed assistance." Garcia testified he learned the following day that the three migrants had drowned. . . .

Migrants continue to cross in Eagle Pass and the entire Del Rio Sector. Most of the migrants are in the "Removal Process." Clarification of the term revealed that the "removal process" includes the asylum adjudication procedure. It is unclear from the testimony what percentage of the migrants crossing into the United States in the Del Rio Sector or the southwest border are actually deported or physically removed from the United States, and how many are allowed to remain in the "removal process" while awaiting an administrative asylum determination. . . .

She goes on to lament the fact that for reasons she won't name -- the dispute is harming otherwise good federal / state relations at the "on the line" working level. That reason is singular: one MAGA Gov. Abbott's cruel and lawlessly lethal desire to end putative asylees and other undocumented people's very lives. Out.

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