How Texas’ plans to arrest migrants for illegal entry will work

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McALLEN, Texas — The U.S. Supreme Court will allow Texas to start arresting migrants who cross the U.S.-Mexico border and ordering them to leave, while the legal battle over Republican Gov. Greg Abbott’s latest immigration move plays out.

The court issued a divided decision Tuesday that allows Texas to enforce its immigration law for now. The high court declined to intervene on an administrative stay placed by the 5th Circuit Court of Appeals.

The Justice Department is challenging the law, saying Texas is overstepping the federal government’s immigration authority. Texas argues it has a right to take action over what Abbott has described as an “invasion” of migrants on the border.

The 5th Circuit is set to hear arguments in April. A federal judge in Texas issued a sweeping rejection of the law last month, calling it a violation of the Supremacy Clause of the U.S. Constitution.

Here’s what to know:

Who can be arrested?

The law allows any Texas law enforcement officer to arrest people suspected of entering the country illegally. Once in custody, migrants could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don’t leave could face arrest again under more serious felony charges.

Arresting officers must have probable cause, which could include witnessing the illegal entry or seeing it on video.

The law cannot be enforced against people lawfully present in the U.S., including those who were granted asylum or who are enrolled in the Deferred Action for Childhood Arrivals program.

Critics, including Mexico President Andrés Manuel López Obrador, fear the law could lead to racial profiling and family separation. American Civil Liberties Union affiliates in Texas and some neighboring states issued a travel advisory a day after Abbott signed the law. The advisory warns of a possible threat to civil and constitutional rights when passing through Texas.

Abbott has rejected concerns over profiling. While signing the bill, he said troopers and National Guard members at the border can see migrants crossing illegally “with their own eyes.”

Where will the law be enforced?

The law can be enforced in any of Texas’ 254 counties, including those hundreds of miles from the border.

But Republican state Rep. David Spiller, the law’s author, has said he expects the vast majority of arrests will occur within 50 miles of the U.S.-Mexico border. Texas’ state police chief has expressed similar expectations.

Some places are off-limits. Arrests cannot be made in public and private schools; places of worship; or hospitals and other health care facilities, including those where sexual assault forensic examinations are conducted.

It is unclear where migrants ordered to leave might go. The law says they are to be sent to ports of entry along the U.S.-Mexico border, even if they are not Mexican citizens. However, Mexico’s government said Tuesday it would not accept the return of any migrants to its territory from the state of Texas.

Is the law constitutional?

The Supreme Court’s decision did not address the constitutionality of the law.

The Justice Department, legal experts and immigrant rights groups have said it is a clear conflict with the U.S. government’s authority to regulate immigration.

U.S. District Judge David Ezra, an appointee of former President Ronald Reagan, agreed in a 114-page order. He added that the law could hamper U.S. foreign relations and treaty obligations.

Opponents have called the measure the most dramatic attempt by a state to police immigration since a 2010 Arizona law — denounced by critics as the “Show Me Your Papers” bill — that was largely struck down by the U.S. Supreme Court. Ezra cited the Supreme Court’s 2012 Arizona ruling in his decision.

Texas has argued that the law mirrors federal law instead of conflicting with it.

What is happening on the border?

Arrests for illegal crossings along the southern border fell by half in January from record highs in December. Border Patrol officials attributed the shift to seasonal declines and heightened enforcement by the U.S. and its allies. The federal government has not yet released numbers for February.

Texas has charged thousands of migrants with trespassing on private property under a more limited operation that began in 2021.
Tensions remain between Texas and the Biden administration. In the border city of Eagle Pass, Texas, National Guard members have prevented Border Patrol agents from accessing a riverfront park.

Other Republican governors have expressed support for Abbott, who has said the federal government is not doing enough to enforce immigration laws. Other measures implemented by Texas include a floating barrier in the Rio Grande and razor wire along the border.
___
Associated Press writers Acacia Coronado and Paul Weber in Austin, Texas, contributed to this report.

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Men’s basketball: Gophers season continues with NIT win over Butler

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The Gophers men’s basketball team looked at its berth in the National Invitation Tournament as an opportunity for a dry run toward a hopeful spot in the NCAA tournament next March.

And Minnesota earned some quality experience, especially in crunch time, in the consolation tourney on Tuesday.

Down five points with five minutes left, the unseeded U scratched back to beat fourth-seeded Butler 73-72 in the first round of the NIT at Hinkle Fieldhouse in Indianapolis.

Minnesota (19-14) will play on Saturday or Sunday against either top-seed Indiana State or Southern Methodist. Those two teams play Wednesday night. The U will remain on the road this weekend, regardless of which opponent advances due to the Minnesota high school boys basketball tournament being played at Williams Arena.

Head coach Ben Johnson reminded his team about the chance they have in front of them this March.

“I want to think big picture, and we want to do our best to keep playing and keep winning and being in environments like this,” he said on KTLK-AM from Indianapolis. “We can win and grow and win a game late and win a game on the road against a hungry team and continue to play for something like a championship. That is important for our growth.”

Dawson Garcia and Bulldogs guard Jahmyl Telfort each poured in 25 points, but Telfort’s shot at the buzzer was off the mark for 4.5-point favorite Butler (18-15). Braeden Carrington forced Telfort to rainbow the attempt.

“It looked good,” Johnson admitted of the shot in the radio interview.

The Gophers weathered cold shooting down the stretch, making 1 of 9 shots over a four-minute span. But they made just enough in the last minute.

After a Garcia layup tied it 67-67 with two minutes remaining, D.J. Davis hit a 3-pointer for the lead with 1:47 remaining. In the final minute, Parker Fox added a layup, Telford made a jumper and Garcia contributed a layup to make it 72-71 with 22 seconds remaining

With 13 seconds left, the Gophers didn’t foul, and Davis’ pass was intercepted by Fox. In transition, Elijah Hawkins was fouled near the basket with five seconds remaining; he made both shots from the stripe to take a 73-72 lead.

Those clutch free throws for Hawkins went with his 15 assists, 11 points and only four turnovers.

Bulldogs coach Thad Matta, who used to be at Ohio State, called a timeout with 1.8 seconds remaining, but the buzzer beater was off.

Johnson said he saw “long faces” on Butler players in the handshake line.

“You notice guys don’t necessarily know what they have until it’s gone,” he said. “My message to them was sometimes you may feel like, ‘I don’t want to do this’ or ‘Oh, gosh, I got to get up for this.’ Then once it’s gone, you realize, ‘I woulda, shoulda, coulda.’ ”

The Gophers went on an 11-0 run midway through the first half to take a 19-11 lead, and Butler’s six turnovers aided the U’s margin. At one point, Minnesota had nine assists on nine baskets. But Butler went on its own run and ended up taking a 38-36 lead at the half.

This marks the Gophers’ first NIT appearance since they won the championship in 2014, and it’s the U’s first postseason appearance since 2019, when they advanced to the second round of the NCAA tournament.

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St. Paul Public Schools approves $37.5M in teacher pay increases, but budget cuts loom

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Members of the St. Paul school board on Tuesday night locked in new raises and benefits for district education staff, though school budget cuts are ahead.

Under a new two-year contract agreement approved by the school board, St. Paul Public Schools will increase wages and benefits for teachers and other staff represented by the St. Paul Federation of Educators by $37.5 million — a 10.1% increase over the previous contract.

About $19.2 million of that will go toward the first year and will be offset using one-time funds. But with a more than $107 million budget shortfall expected in the coming year in large part tied to the expiration of federal pandemic aid, the district will have to find other areas to reduce spending. So far, it’s identified about $71 million in possible cuts.

“This does not change the fact that there will be budget cuts, including layoffs, across the district due primarily to the expiration of American Rescue Plan funds,” said SPPS spokesperson Erica Wacker.

St. Paul schools and the teachers union arrived at a contract agreement a little over two weeks ago as a strike loomed. They were able to reach a deal after a marathon of weekend negotiations.

The new contract contains more than three times the $12.4 million in increases for education staff the school district had initially told the union it could accommodate. But it’s also significantly under the more than $112 million in additional spending the district estimated initial union requests would cost.

Even if the district didn’t go past its ceiling for teacher compensation, it would still need to make cuts to its current budget, which sits at around $1 billion.

What’s in the contract?

Three groups represented by the 3,700-member teachers union will see raises: teachers, educational assistants and community service professionals. The new two-year contract goes into effect retroactively as the last contract expired in June 2023.

In the new agreement, teachers will get a $3,500 pay increase for 2023-24. Since the last two-year contract expired last year, the pay increase will apply retroactively to Jan. 1. In 2024-25, teachers will see a 4% salary increase.

Community service professionals will see a raise of $3,084 for the first year, and a 4% increase in the second year.

In the first year of the new contract, insurance contributions from the district for teachers and community service professionals will increase from $870 per month to $920 for single employees, and from $1,200 to $1,375 for families. In the second year, those amounts increase to $945 and $1,450, respectively.

Educational assistants will see a raise of $2.25 an hour in the first year and a 4% raise in the second year. They will also receive higher insurance contributions.

In addition to the pay increases, the school district will maintain current class sizes and staffing for mental health teams in each school.

The district will also establish a “site council” at each school that includes educators, parents, teachers and administrators to “ensure all voices are heard in decisions on budget priorities, events and other site-level issues.”

Special education teachers will get more time to complete paperwork and early childhood special education teachers will have reduced caseloads.

This was the fourth consecutive two-year bargaining cycle where St. Paul teachers have either gone on strike or threatened to do so. In 2020, teachers walked out for four days, and in 2022, the district was within minutes of canceling class when the sides reached a deal.

In this year’s negotiations, pay and insurance were the biggest sticking points. Teachers in St. Paul Public Schools have a starting salary of about $49,000 if they have a bachelor’s degree. The district says half of its teachers make $90,000 or more.

Union and district leaders say school board members were present for much of the negotiation process, something that may have made a difference in this year’s contract discussions. At Tuesday’s school board meeting, some union members used the public comment period to thank members for their involvement.

SPFE isn’t the only union representing school employees. The school board also on Tuesday approved a new 2024-26 contract for school bus drivers. Drivers represented by the Teamsters Local 320 will get an average wage increase of 3.7% in the first year and 1% in the second year, as well as higher health insurance payments and severance pay.

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Polygamous sect member pleads guilty in scheme to orchestrate sexual acts involving children

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By JACQUES BILLEAUD (Associated Press)

PHOENIX (AP) — A businessman pleaded guilty Tuesday to conspiring with the leader of an offshoot polygamous sect near the Arizona-Utah border to transport underage girls across state lines, making him the first man to be convicted in what authorities say was a scheme to orchestrate sexual acts involving children.

Moroni Johnson, who faces 10 years to life in prison, acknowledged that he participated in a scheme to transport four girls under the age of 18 for sexual activity. Authorities say the conspiracy between the 53-year-old Johnson and the sect’s leader, self-proclaimed prophet Samuel Bateman, occurred over a three-year period ending in September 2022.

Authorities say Bateman had created a sprawling network spanning at least four states as he tried to start an offshoot of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, which historically has been based in the neighboring communities of Colorado City, Arizona, and Hildale, Utah. He and his followers practice polygamy, a legacy of the early teachings of the mainstream Church of Jesus Christ of Latter-Day Saints, which abandoned the practice in 1890 and now strictly prohibits it. Bateman and his followers believe polygamy brings exaltation in heaven.

The FBI said Bateman had taken more than 20 wives, including 10 girls under the age of 18. Bateman is accused of giving wives as gifts to his male followers and claiming to do so on orders from the “Heavenly Father.” Investigators say Bateman traveled extensively between Arizona, Utah, Colorado and Nebraska and had sex with minor girls on a regular basis. Some of the sexual activity involving Bateman was recorded and transmitted across state lines via electronic devices.

The FBI said Bateman demanded that his followers confess publicly for any indiscretions and shared those confessions widely. He claimed the punishments, which ranged from a time out to public shaming and sexual activity, came from the Lord, the federal law enforcement agency said. Authorities said Johnson was pressured by Bateman to give up three of his wives as atonement because Johnson wasn’t treating Bateman as a prophet.

Bateman was arrested in August 2022 by state police in Flagstaff after someone spotted small fingers in a door gap on an enclosed trailer. Authorities found three girls — between the ages of 11 and 14 — in the trailer, which had a makeshift toilet, a sofa, camping chairs and no ventilation.

Bateman posted bond, but he was arrested again in the next month and charged with obstructing justice in a federal investigation into whether children were being transported across state lines for sexual activity.

At the time of the second arrest, authorities removed nine children from Bateman’s home in Colorado City and placed them in foster care. Eight of the children later escaped from foster care. The FBI alleged that three of Bateman’s adult wives played a part in getting them out of Arizona. The girls were later found hundreds of miles away in Washington state in a vehicle driven by one of the adult wives.

Bateman has pleaded not guilty to state and federal charges, including conspiracy to transport a minor for sexual activity, conspiracy to commit tampering in an official proceeding and conspiracy to commit kidnapping of the girls who were placed in state child welfare agency after his arrest. Myles Schneider, an attorney representing Bateman, didn’t immediately return a call seeking comment on behalf of his client.

Bateman was ordered jailed until the resolution of his trial, now scheduled for Sept. 10.

Earlier this year, four of Bateman’s adult wives each pleaded guilty to a charge of conspiracy to commit tampering with an official proceeding, acknowledging that they witnessed Bateman engage in sexual acts with his child brides and that also they participated in the plot to kidnap the eight girls from state custody.

Charges also are pending against four other women identified as Bateman’s wives and two of his male followers, both of whom are charged with using a means of interstate commerce to persuade or coerce a minor to engage in sexual activity, among other charges. The four women and two men have pleaded not guilty to the charges.