After two American citizens died last month during encounters with federal immigration officers in Minnesota, a group of district attorneys formed a coalition on Jan. 28 to prosecute federal officers who break state law.
José Garza, the Travis County District Attorney, is one of nine district attorneys who are founding members of The Fight Against Federal Overreach. As district attorney, Garza represents the state in felony prosecutions that occur in Travis County.
The group also includes district attorneys from Dallas and Minneapolis. Garza said the group is focused on protecting public safety and community trust in the justice system by preparing to hold federal officers accountable if they break state laws.
“There have been so many other blatant legal violations that have happened beyond what happened to (Renee Good and Alex Pretti),” Garza said. “We have a responsibility to recognize and remember all of it, and to do our best to safeguard against those kinds of violations happening in our backyard.”
Garza said the members of the coalition met last week to consult with legal experts and discuss strategies. According to a press release, the group will coordinate litigation and set up a system to facilitate how individuals can report crimes and upload evidence.
“It is critical that people have faith in our criminal legal system, because if they don’t, our criminal legal system doesn’t work if people don’t trust that they can report crimes,” Garza said.
Following concerns from the Austin community about increased ICE presence, Austin Police Chief Lisa Davis said Austin police are expected to report federal agents if they break the law.
“When there is a crime being committed where an officer sees something … that officer is supposed to intervene, and I would expect the same thing if it were with an ICE agent,” Davis said.
The coalition also drafted a set of demands aimed at influencing Congress as it currently negotiates Department of Homeland Security funding. One of their demands is for federal agents to stop home entries without judicial warrants.
Law enforcement entering a home without a judicial warrant is a violation of the Fourth Amendment to the U.S. Constitution, immigration attorney Ruby Powers said.
“There’s been a lot of violations of rights,” Powers said. “There’s been a lot of illegal searches and seizures, but I don’t think that there’s been enough reporting. There’s been underreporting of that because of the circumstances of those who are being violated.”
Powers said the coalition might face some challenges, including the number of ICE agents and their placement across the country.
Garza said obstacles to accomplishing the coalition’s missions include accessing evidence from the federal government within federal processes that are complicated. He said the biggest obstacle is the “Trump administration, that has shown clear disregard for the law and for the Constitution.” However, Garza said that the coalition’s mission is possible.
“To see American citizens gunned down in the streets without any apparent legal authority is infuriating,” Garza said. “It’s heartbreaking, and all of us have a responsibility to play our role, to do our part, to make sure that never happens again, and that it certainly does not happen in our community.”
