Thread: Judicial Watch vs Houston PD: UPDATE

Key Legal Brief Filed in Anti-Sanctuary Lawsuit against City of Houston, Houston PD

April 16, 2010

You may recall in September 2009, Judicial Watch filed a lawsuit against the City of Houston, the Houston Police Department (HPD) and a former Houston Police Chief on behalf of Houston Police Sergeant Joslyn Johnson related to the department's illegal alien sanctuary policies. Houston’s policies illegally restrict and prohibit its police officers from communicating with U.S. Immigration and Customs Enforcement ("ICE") about illegal aliens who are criminally present in the United States. Sergeant Johnson is the widow of former Houston Police officer Rodney J. Johnson, killed in the line of duty by an illegal alien on September 21, 2006.

The City of Houston (predictably) filed a motion to dismiss the lawsuit, which is now in federal court, and on March 31, 2010, Sergeant Johnson responded.

We made a number of counter arguments in the response to Houston’s kitchen sink legal strategy. (You can read them all here.) But I want to focus on one particular issue. We point out that the Constitution protects Sergeant Johnson’s rights as a citizen of the United States to report violations of federal laws to federal officials. The brief references a key Supreme Court case from 1895, In re Quarles and Butler, 158 U.S. 532. The Quarles opinion notes that:

It is the duty and the right not only of every peace officer of the United States, but of every citizen, to assist in prosecuting, and in securing the punishment of, any breach of the peace of the United States. It is the right, as well as the duty, of every citizen, when called upon by the proper officer, to act as part of the posse commitatus in upholding the laws of his country.

The Qualres Supreme Court ruling reinforces the concept stated in In re Kemmler, 136 U.S. 436 that the law protects the “privileges and immunities [held by citizens] arising out of the nature and essential character of the national government, and granted or secured by the Constitution of the United States.â€

Thank you, Judicial Watch. And just think with amnesty, this character would be granted citizenship -- and honored as a fine, upstanding member of the community.

Judicial Watch is outstanding. From what they are saying, it would be a travesty to have this case thrown out of court because of HPD.

Its a great thing we have groups like Judicial Watch working hard to protect our law enforcement officers and citizens. However where is the Texas government in all of this? Why is it our Republican Governor Rick Perry and our majority Republican Congress can't get the job done?

Senator Dan Patrick introduced the following commonsense bills and none of the were ever passed into law:

• SB 268 Imposed a fee on funds sent to destinations outside the United States to fund border security efforts.

• SB 357 would have penalized employers who knowingly hire illegal aliens and operate on a cash-only basis.

• SB 358 would have ended the sanctuary city practices that occur throughout the state by allowing citizens to seek a court order requiring their city to cooperate with federal immigration enforcement.

• SB 773 Made illegal immigration a violation of state criminal trespass laws, allowed state law enforcement to enforce immigration laws.

• SB 1840 Allowed a peace officer to ask detainees about immigration status.


Texas, looks like it's time to sweep Austin in November too! Arizona can do it but Texas can't?