WEBVTT

NOTE duration:"00:02:35.0030000"

NOTE recognizability:0.910

NOTE language:en-us

NOTE Confidence: 0.90635294

00:00:00.000 --> 00:00:02.079
A judge in Austin today ruled that

NOTE Confidence: 0.90635294

00:00:02.079 --> 00:00:03.426
Governor Greg Abbott's Operation

NOTE Confidence: 0.90635294

00:00:03.426 --> 00:00:05.431
Lone Star border crackdown violates

NOTE Confidence: 0.90635294

00:00:05.431 --> 00:00:07.035
the United States Constitution.

NOTE Confidence: 0.90635294

00:00:07.040 --> 00:00:09.476
It's a move that could threaten his

NOTE Confidence: 0.90635294

00:00:09.476 --> 00:00:10.520
controversial border crackdown.

NOTE Confidence: 0.90635294

00:00:10.520 --> 00:00:12.674
This comes after one of thousands

NOTE Confidence: 0.90635294

00:00:12.674 --> 00:00:14.492
of men arrested challenged his

NOTE Confidence: 0.90635294

00:00:14.492 --> 00:00:16.087
case in Travis County Court,

NOTE Confidence: 0.90635294

00:00:16.090 --> 00:00:18.519
200 miles from where it all happened.

NOTE Confidence: 0.90635294

00:00:18.520 --> 00:00:20.260
Senior reporter Tony Plotsky has

NOTE Confidence: 0.90635294

00:00:20.260 --> 00:00:21.652
been tracking these developments.

NOTE Confidence: 0.90635294

00:00:21.660 --> 00:00:24.436
He joins us now to break it down.

NOTE Confidence: 0.90635294

00:00:24.440 --> 00:00:25.140
Hi Tony.

NOTE Confidence: 0.90635294

00:00:25.140 --> 00:00:26.700
Hey Brian attorneys for that

NOTE Confidence: 0.90635294

00:00:26.700 --> 00:00:28.740
man who is from Ecuador said

NOTE Confidence: 0.90635294

00:00:28.740 --> 00:00:30.420
that the governor's operation.

NOTE Confidence: 0.90635294

00:00:30.420 --> 00:00:32.245
Violates a constitutional clause that

NOTE Confidence: 0.90635294

00:00:32.245 --> 00:00:34.070
only federal government, not states,

NOTE Confidence: 0.90635294

00:00:34.070 --> 00:00:35.530
can enforce immigration laws.

NOTE Confidence: 0.90635294

00:00:35.530 --> 00:00:38.450
And today, after a hearing here in Austin,

NOTE Confidence: 0.90635294

00:00:38.450 --> 00:00:41.370
a judge agreed and she dismissed his case.

NOTE Confidence: 0.90635294

00:00:41.370 --> 00:00:43.338
The man was among thousands swept

NOTE Confidence: 0.90635294

00:00:43.338 --> 00:00:46.118
up as part of Operation Lone Star.

NOTE Confidence: 0.90635294

00:00:46.120 --> 00:00:47.940
He was charged with misdemeanor

NOTE Confidence: 0.90635294

00:00:47.940 --> 00:00:48.668
criminal trespass.

NOTE Confidence: 0.90635294

00:00:48.670 --> 00:00:51.158
He has since been released on bond and

NOTE Confidence: 0.90635294

00:00:51.158 --> 00:00:53.904
is seeking asylum during a hearing today

NOTE Confidence: 0.90635294

00:00:53.904 --> 00:00:55.964
before District Judge Janice Wafer,

NOTE Confidence: 0.90635294

00:00:55.970 --> 00:00:57.930
attorneys argued that the point

NOTE Confidence: 0.90635294

00:00:57.930 --> 00:01:00.459
of Abbott's effort is to try to.

NOTE Confidence: 0.90635294

00:01:00.460 --> 00:01:02.312
Enforce federal immigration laws,

NOTE Confidence: 0.90635294

00:01:02.312 --> 00:01:04.627
but the federal enforcement supersedes

NOTE Confidence: 0.90635294

00:01:04.627 --> 00:01:06.237
anything that states may do.

NOTE Confidence: 0.90635294

00:01:06.240 --> 00:01:08.730
They said thousands of people may

NOTE Confidence: 0.90635294

00:01:08.730 --> 00:01:11.180
have been illegally arrested and that

NOTE Confidence: 0.90635294

00:01:11.180 --> 00:01:13.707
the operation started in March is a

NOTE Confidence: 0.90635294

00:01:13.707 --> 00:01:16.149
violation of that constitutional clause.

NOTE Confidence: 0.90635294

00:01:16.150 --> 00:01:18.544
The governor started the Operation Lone

NOTE Confidence: 0.90635294

00:01:18.544 --> 00:01:21.518
Star amid an increase in border crossings,

NOTE Confidence: 0.90635294

00:01:21.520 --> 00:01:23.998
calling it an investment in security

NOTE Confidence: 0.90635294

00:01:23.998 --> 00:01:26.474
that the federal government, he says,

NOTE Confidence: 0.90635294

00:01:26.474 --> 00:01:28.534
refused to make now attorneys,

NOTE Confidence: 0.90635294

00:01:28.540 --> 00:01:31.126
representing many of those those defendants.

NOTE Confidence: 0.90635294

00:01:31.130 --> 00:01:33.554
Say this now opens a clear path for

NOTE Confidence: 0.90635294

00:01:33.554 --> 00:01:36.300
them to try to have their cases thrown

NOTE Confidence: 0.90635294

00:01:36.300 --> 00:01:38.809
out using the same legal argument.

NOTE Confidence: 0.90635294

00:01:38.810 --> 00:01:40.694
The effect of that could dramatically

NOTE Confidence: 0.90635294

00:01:40.694 --> 00:01:42.849
diminish any impact of the governor's

NOTE Confidence: 0.90635294

00:01:42.849 --> 00:01:43.687
border operation.

NOTE Confidence: 0.90635294

00:01:43.690 --> 00:01:44.740
Officials say Tony,

NOTE Confidence: 0.90635294

00:01:44.740 --> 00:01:45.440
can you

NOTE Confidence: 0.9167401

00:01:45.440 --> 00:01:47.715
explain more about why this case was

NOTE Confidence: 0.9167401

00:01:47.715 --> 00:01:49.980
handled here in Travis County? Brian,

NOTE Confidence: 0.9167401

00:01:49.980 --> 00:01:52.068
that's a good question, and frankly,

NOTE Confidence: 0.9167401

00:01:52.070 --> 00:01:54.854
it's been the source of some confusion today.

NOTE Confidence: 0.9167401

00:01:54.860 --> 00:01:56.260
Also some legal intrigue.

NOTE Confidence: 0.9167401

00:01:56.260 --> 00:01:57.310
Here's the deal.

NOTE Confidence: 0.9167401

00:01:57.310 --> 00:01:59.272
His attorneys say they brought the

NOTE Confidence: 0.9167401

00:01:59.272 --> 00:02:01.549
case here in Austin because courts.

NOTE Confidence: 0.9167401

00:02:01.550 --> 00:02:04.126
Along the border, especially in Kenny County,

NOTE Confidence: 0.9167401

00:02:04.130 --> 00:02:06.699
where this all happened, our backlog backlog,

NOTE Confidence: 0.9167401

00:02:06.700 --> 00:02:09.094
they say because of the governor's

NOTE Confidence: 0.9167401

00:02:09.094 --> 00:02:11.418
initiative and they say they could

NOTE Confidence: 0.9167401

00:02:11.418 --> 00:02:14.058
not get a hearing in a timely manner.

NOTE Confidence: 0.9167401

00:02:14.060 --> 00:02:16.272
There they also said today that any

NOTE Confidence: 0.9167401

00:02:16.272 --> 00:02:18.057
District Court judge has jurisdiction

NOTE Confidence: 0.9167401

00:02:18.057 --> 00:02:20.780
over the matter even though an attorney

NOTE Confidence: 0.9167401

00:02:20.780 --> 00:02:22.530
representing Kenny County disagreed,

NOTE Confidence: 0.9167401

00:02:22.530 --> 00:02:23.290
the judge.

NOTE Confidence: 0.9167401

00:02:23.290 --> 00:02:25.190
Still, though ultimately decided that

NOTE Confidence: 0.9167401

00:02:25.190 --> 00:02:27.680
she could and would hear this case.

NOTE Confidence: 0.9167401

00:02:27.680 --> 00:02:29.152
Brian Big News tonight.

NOTE Confidence: 0.9167401

00:02:29.152 --> 00:02:29.520
Senior

NOTE Confidence: 0.9137469

00:02:29.520 --> 00:02:32.089
reporter Tony Pulaski live in The Newsroom.

NOTE Confidence: 0.9137469

00:02:32.090 --> 00:02:35.002
Tony, thank you for the update. You bet.