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Supreme Court to hear burn pit veteran’s wrongful termination case

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Supreme Court to hear burn pit veteran’s wrongful termination case

NEWNow you can hearken to Fox Information articles!

U.S. Military veteran and former Texas state trooper Le Roy Torres is in search of justice and is hoping the Supreme Court docket will present it.

On Tuesday, the best judicial bench within the U.S. is about to listen to the case of Torres, an Military reservist who claims he was pressured to resign from his submit as a state trooper with the Texas Division of Public Security (DPS). Torres claims that his ouster got here after experiencing the results of intensive lung harm he developed after his publicity to burn pits whereas serving as a U.S. military reservist in Balad, Iraq. His case of wrongful termination has been stalled within the Texas courts since 2017. Torres is hopeful that the Supreme Court docket will rule in his favor.

“The motivation is for justice,” Torres mentioned in an interview with Fox Information. “I do know in my thoughts and coronary heart that I did every thing doable to observe the steering and process for after we return from battle or deployment with the illnesses we have now.”

“You serve and return again to be pushed out within the chilly. That’s what was devastating to me,” the Iraq Warfare veteran mentioned.

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Torres first filed a lawsuit in opposition to the DPS and the state of Texas again in February 2017, claiming that his employee rights below the Uniformed Companies and Employment and Reemployment Rights Act of 1994 (USERRA), a federal statute that strengthens job protections for service members.

Le Roy Torres says he was successfully ousted from his state trooper place by the Texas Division of Public Security when his medical situation from burn pit publicity made him unable to satisfy patrol duties.
(Courtesy of Le Roy and Rosie Torres)

The state countered his claims and argued in court docket that Texas had sovereign immunity from lawsuits like Torres’.

The choose presiding over the unique criticism denied the state’s movement, but it surely was upheld by the Texas Court docket of Appeals, stating that USERRA was unconstitutional resulting from the way it authorizes fits filed in opposition to particular person states.

“Allowing state employers to discriminate in opposition to troopers for his or her army service will materially intervene with the flexibility of the USA to supply for the nationwide protection,” a quick file by Torres’ authorized staff learn. “It would additionally hurt hundreds of veterans and repair members, leaving them and not using a treatment when their state employers discriminate in opposition to them on the idea of their service.”

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San Diego-based veterans’ rights legal professional Brian J. Lawler mentioned if the Supreme Court docket guidelines in Torres’ favor and his trial is allowed to go ahead within the Texas Court docket system, it can set a precedent that may immediate sweeping reform.

“In the event that they do rule in our favor, will probably be a leveling of the enjoying area,” Lawler mentioned to Fox Information. “It would completely set precedent for each reserve or guard one who is employed by a state employer. Proper now, lots of these people have the proper to sue their state employers, however many nonetheless do not. And that is not what the USERRA regulation states.”

An official with the Texas Division of Public Security declined to remark, saying, “The division doesn’t talk about pending litigation.”

VETERANS GROUP HELPS UKRAINE EVACUATIONS AMID RUSSIA’S WAR

Torres was known as up for obligation from the reserves in 2007 whereas serving as a trooper within the Lone Star State. It was throughout that point that he was uncovered to burn pits at his base in Balad. The pits had been usually used throughout many U.S. army bases throughout Iraq and Afghanistan throughout the wars as a crude methodology of incineration by which each piece of waste generated on the bottom was burned, together with plastics, batteries, home equipment, medication, lifeless animals and even human waste.

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Torres was stationed at a base in Balad during the Iraq War.

Torres was stationed at a base in Balad throughout the Iraq Warfare.

The gadgets had been usually set ablaze with jet gasoline because the accelerant with over 1,000 completely different chemical compounds burning into the air day and night time.

Torres returned dwelling to Texas in 2007 and resumed his obligation as a state trooper a 12 months later, after an honorable discharge from army service. It was round that point that he additionally began feeling the results of his burn pit publicity.

“All through my time after coming again, I used to be already having points,” he mentioned. “However there was lots of issues that I would not inform my spouse as a result of the very last thing I wish to do was to lose my job. So lots of instances I simply, you understand, as I say within the military, suck it up and drive on, and that is what I did.”

Torres added that’s when he began waking up with debilitating complications that usually lasted all through the day.

“There have been instances the place I needed to pull over on the aspect of the highway,” he mentioned. “I might sit there for 5 or 10 minutes with my head leaned again as a result of I used to be in excruciating ache.”

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Torres dealt together with his points for practically a year-and-a-half.

“He was having points, and he was not telling me. So it was one thing that, you understand, I wasn’t taking note of as a result of I used to be busy working. He was working,” Torres’ spouse, Rosie, additionally a long-time veteran advocate who began Burn Pits 360 along with her husband, mentioned to Fox Information. “Then bizarre issues begin to occur. After which at work, I believe his signs turned extra apparent. A lot in order that we ended up in that place the place you can not ignore his cough as a result of it seemed like he was a going to cough up a lung within the course of.”

It was whereas he was chasing a suspect throughout the summer season of 2009 that Torres realized that one thing was really fallacious together with his well being. “I used to be in lots of ache with chest stress. I used to be afraid that I used to be having a stroke and I had no backup till like 10 minutes later. I felt actually horrible that day, and that is after I knew that there was one thing occurring. And that is after I began form of speaking to my spouse about it.”

The Iraq War veteran developed a host of lung issues as well as toxic brain injury after returning home from service.

The Iraq Warfare veteran developed a number of lung points in addition to poisonous mind harm after returning dwelling from service.

The trooper began calling out sick, unable to carry out his patrol duties. Torres was experiencing a myriad of signs together with debilitating complications, vertigo and a persistent, unforgiving cough.

“I used to be already lacking lots of work and my sergeant walked in August 2010 one morning and mentioned, ‘Hey, you possibly can’t come again to work,’” he mentioned, “you want to get checked. There’s one thing positively fallacious with you. We do not know in the event you’re contagious… various things like that.”

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He went on, “That is what led into the journey, into in search of solutions.”

TUSKEGEE AIRMAN HONORED FOR WIN IGNORED DURING HIS SERVICE

On the time that Torres began growing his signs, the results of burn pit publicity weren’t extensively identified. Docs at his native VA hospital chalked up his signs to bronchial asthma.

With the sensation that his growing sicknesses had been one thing extra severe, Torres went to see pulmonologist Dr. Robert Miller at Vanderbilt College Hospital in Nashville, Tennessee. It was then that he realized that his publicity to these burn pits at his base in Balad had led to poisonous mind harm and several other lung illnesses, together with constrictive bronchiolitis, a extreme and continual respiratory situation that causes narrowing of the airways.

As soon as identified, Torres mentioned that he returned to his commanding officers at DPS and knowledgeable them that he needed to return to work however that resulting from his situation he may not go on patrol and requested lodging for a desk job. The trooper mentioned he was denied his request and was provided his authentic place and informed that he could be fired if he couldn’t carry out his duties.

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“I used to be handed a memorandum saying I couldn’t be employed as a state trooper. Then they retract that memo and say, nicely, till additional discover, you will be positioned on a modified obligation,” Torres mentioned. “However finally they only, after I did not hear again, and I saved asking my supervisor, however I by no means bought a solution. Ultimately, I used to be pressured to resign.”

Torres, seen here with former Rep. Tulsi Gabbard at a 2018 news conference on Capitol Hill, has also been lobbying for veterans who were denied care by the VA for their burn pit exposure.

Torres, seen right here with former Rep. Tulsi Gabbard at a 2018 information convention on Capitol Hill, has additionally been lobbying for veterans who had been denied care by the VA for his or her burn pit publicity.

“[It was] the one manner that I may apply for my medical incapacity,” he added. “I used to be already off the payroll, and we had been in dire want of funds. We nearly misplaced our home. Our credit score was shot. I had no different selection.”

With the stress of shedding every thing, Torres felt he had failed at supporting his household and in the summertime of 2009 he tried to take his personal life. His spouse and his service canine, Hope, had been in a position to knock his shotgun to the bottom.

“That night time that he took the shotgun and put it in his mouth,” Rosie Torres recalled. “I fought him with every thing I had in me. I used to be screaming for our service canine, ‘Hope, I want you to assist me!’”

She continued, “I used to be pondering in my thoughts, this isn’t the way it ends. They don’t get to win.”

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Each Le Roy and Rosie had been in a position to soldier on as they dedicated to not solely serving to different veterans who weren’t given enough well being care from the VA for his or her burn pit publicity however has additionally continued their battle in opposition to the state of Texas for what he claims was being pushed out of the profession he had labored in the direction of his entire life. He’s hopeful that the Supreme Court docket will rule in his favor at at the moment’s listening to.

“It was positively a sense of the wheels of justice lastly beginning to flip,” he mentioned, recalling when he first acquired phrase that the Supreme Court docket could be listening to his case.

“I am hopeful that it will transfer ahead. I can solely assume that it will get higher.”

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Political betting markets still have plenty of action despite end of election season

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Political betting markets still have plenty of action despite end of election season

The end of the election season does not mean the end of political betting, with many platforms allowing users to place wagers on everything from the 2028 election to who will be confirmed to President-elect Donald Trump’s Cabinet.

“Some people will be amazed by this, but people are already betting on 2026 and 2028,” Maxim Lott, the founder of ElectionBettingOdds.com, told Fox News Digital. “There’s been about a quarter million dollars bet already.”

The comments come after the 2024 election produced plenty of betting action, with users across multiple platforms wagering over $2 billion on the outcome of the latest race. 

WHAT ARE ELECTION BETTING ODDS? EXPERT EXPLAINS WHY TRUMP IS CURRENT FAVORITE

President-elect Donald Trump, right, welcomes Robert F. Kennedy Jr. to the stage at a Turning Point Action campaign rally at the Gas South Arena on Oct. 23, 2024 in Duluth, Georgia. (Anna Moneymaker/Getty Images)

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While mega sporting events, such as the Super Bowl and the recent Mike Tyson vs. Jake Paul fight, gives gamblers plenty to wager on after the election, those looking for something political to bet on will still have plenty of options.

One of the most popular topics is who will be the nominees for both major parties in 2028, with ElectionBettingOdds.com showing California Gov. Gavin Newsom and Vice President-elect JD Vance being the current leaders for Democrats and Republicans, respectively.

Other names with a significant amount of attention for betters include Pennsylvania Gov. Josh Shapiro and Michigan Gov. Gretchen Whitmer for the Democratic nomination, while Vance is trailed by names like entrepreneur and future head of the new Department of Government Efficiency Vivek Ramaswamy and Donald Trump Jr. on the Republican side.

“The big Democratic governors are favored to be the next nominee,” Lott said, noting that Vance currently holds a sizable lead over other options on the GOP side.

Democratic Michigan Gov. Gretchen Whitmer

Michigan Gov. Gretchen Whitmer. (Bill Pugliano/Getty Images)

TRUMP OPENS UP LARGEST BETTING LEAD SINCE DAYS AFTER BIDEN’S DROPOUT

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Vance is also the current betting leader on who will win the 2028 presidential election, ElectionBettingOdds.com shows, followed by Newson and Shapiro as the next two likely options.

However, Lott warned it is still too early to tell what the future holds, noting that the markets will start to provide more clarity as more information becomes known over the next few years.

“As the future becomes clearer… as we get closer to 2026, 2028, these odds will change,” Lott said. “So if the Trump administration is doing really well, the economy is booming, inflation is not out of control, wars are ending, Vance’s odds will certainly go up.”

Bettors also are not limited to wagering on elections, with platforms such as Polymarket allowing users to place bets on Trump’s picks to serve in his Cabinet and whether they will be confirmed. Bettors can also place wagers on questions such as if they believe the war in Ukraine will end in Trump’s first 90 days or if there will be a cease-fire in Gaza in 2024.

Sen. JD Vance

Vice President-elect JD Vance. (AP Photo/Alex Brandon)

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According to Lott, taking a look at the current betting odds for many scenarios can help inform you about what is going on in the world, even if you do not place bets yourself.

“People often ask… is there any value to this… it’s just gambling. It’s silly,” Lott said. “But actually it’s very useful… if you want to know what’s going to happen in 2028 or if the Trump administration is going to be a success, you could read 100 news articles on it. Some will misinform you. Or, you can just go to the prediction markets and see… is Vance a 20% chance of becoming the next Republican nominee or is he a 90% chance? That tells you a lot.”

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As Trump’s lead in popular vote shrinks, does he really have a 'mandate'?

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As Trump’s lead in popular vote shrinks, does he really have a 'mandate'?

In his victory speech on Nov. 6, President-elect Donald Trump claimed Americans had given him an “unprecedented and powerful mandate.”

It’s a message his transition team has echoed in the last three weeks, referring to his “MAGA Mandate” and a “historic mandate for his agenda.”

But given that Trump’s lead in the popular vote has dwindled as more votes have been counted in California and other states that lean blue, there is fierce disagreement over whether most Americans really endorse his plans to overhaul government and implement sweeping change.

The latest tally from the Cook Political Report shows Trump winning 49.83% of the popular vote, with a margin of 1.55% over Vice President Kamala Harris.

If there ever was a mandate, this isn’t it.

— Hans Noel, Georgetown University

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The president-elect’s share of the popular vote now falls in the bottom half for American presidents — far below that of Democrat Lyndon B. Johnson, who won 61.1% of the popular vote in 1964, defeating Republican Sen. Barry Goldwater by nearly 23 percentage points.

In the last 75 years, only three presidents — John F. Kennedy in 1960, Richard Nixon in 1968 and George W. Bush in 2000 — had popular-vote margins smaller than Trump’s current lead.

“If there ever was a mandate, this isn’t it,” said Hans Noel, associate professor of government at Georgetown University.

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Trump’s commanding electoral college victory of 312 votes to Harris’ 226 is clear. And unlike in 2016, when he beat former Secretary of State Hillary Clinton, he won the popular vote and the needed support in the electoral college.

The question is whether Trump can garner significant public support to push through his more contentious administration picks and the most radical elements of his policy agenda, such as bringing in the military to enforce mass deportations.

Democrats say that the results fall short of demonstrating majority public support for Trump and that the numbers do not give him a mandate to deviate from precedent, such as naming Cabinet members without Senate confirmation.

“There’s no mandate here,” Rep. Debbie Wasserman Schultz (D-Fla.) said last week on CNN, noting Trump had suggested using “recess appointments” to get around Senate hearings and votes for his nominees. “What there certainly should not be is a blank check to appoint a chaos Cabinet.”

GOP strategist Lanhee Chen, a fellow at Stanford University’s Hoover Institution who ran for California controller in 2022, rejects such framing by Democrats. He argues that Trump’s victory was “quite resounding,” in large part because it defied expectations.

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In an election that almost all political pundits expected would be close and protracted, he reversed Democrats’ 2020 gains, won all seven battleground states and even made inroads with voters in blue states such as California. Republicans also will take control of the Senate and retain their control of the House.

“Look, if the popular vote ends up having him at 49.6% versus 50.1%, do I think it’s a meaningful difference?” Chen said. “No, I don’t.”

Scholars of American politics have long been skeptical of the idea of a presidential mandate.

The first president to articulate such a concept was Andrew Jackson, the nation’s seventh president, who viewed his 1832 reelection — in which he won 54.2% of the popular vote — as a mandate to destroy the Second Bank of the United States and expand his political authority. In arguing he had the mandate of the people, Jackson deviated from the approach of previous presidents in refusing to defer to Congress on policy.

In “Myth of the Presidential Mandate,” Robert A. Dahl, a professor of political science at Yale University, argued the presidential mandate was “harmful to American public life” because it “elevates the president to an exalted position in our constitutional system at the expense of Congress.”

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Even if we accept the premise of a mandate, there is little consensus on when a candidate has achieved it.

“How do we know what voters were thinking as they cast ballots?” Julia R. Azari, an assistant professor of political science at Marquette University, wrote in a recent essay. “Are some elections mandates and others not? If so, how do we know? What’s the popular vote cutoff — is it a majority or more? Who decides?”

In “Delivering the People’s Message: The Changing Politics of the Presidential Mandate,” she argues that it’s politicians in weak positions who typically invoke mandates. This century, she wrote, presidents have cited mandates with increasing frequency as a result of the declining status of the presidency and growing national polarization.

That’s particularly true of Trump, who has long reveled in hyperbole.

In 2016, he bragged that he’d won in a “massive landslide victory,” even though his electoral college win of 304 to Clinton’s 227 was not particularly dramatic by historic standards and he lost the popular vote by 2 percentage points.

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Four years later, he refused to accept he lost the electoral college and the popular vote to Joe Biden, falsely claiming he was the victim of voter fraud.

When Trump speaks of his supposed mandate, he is not an outlier, but is drawing from bipartisan history.

In the last four decades, no president has won the popular vote by double digits, but politicians including George W. Bush and Barack Obama have increasingly tried to justify their agendas by invoking public support.

When Democrat Bill Clinton defeated Republican President George H.W. Bush and Ross Perot, an independent, in 1992, his failure to win a majority of votes did not stop his running mate, Al Gore, from declaring they had a “mandate for change.” Five days after Clinton was inaugurated, he announced he was creating a task force to devise a sweeping plan to provide universal healthcare.

“In my lifetime, at least,” Clinton told reporters, “there has never been so much consensus that something has to be done.” The effort ultimately failed for lack of political support.

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The fake news is trying to minimize President Trump’s massive and historic victory to try to delegitimize his mandate.

— Karoline Leavitt, incoming White House press secretary

Four years ago, Biden also declared a “mandate for action.”

And while Biden prevailed in the electoral college 306 to 232, his share of the popular vote was 51.3%, hardly a dominant performance.

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As mainstream news outlets have reported on Trump’s shrinking popular margin, Karoline Leavitt, Trump’s incoming White House press secretary, has lashed out at the media.

“New Fake News Narrative Alert!” Leavitt posted on X, adding a red warning light emoji. “The fake news is trying to minimize President Trump’s massive and historic victory to try to delegitimize his mandate.”

Trump’s victory is not by any objective measure “massive or historic.” But Republicans say that news outlets have subjected him to a different standard than they apply to Democratic presidents.

After Clinton won in 1992 after 12 years of GOP presidents, some Republicans note, Time magazine put his face on its cover with the headline “Mandate for Change.”

Clinton won just 43% of the popular vote, one of the lowest shares in U.S. history.

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Presidents sometimes bolster their claims of a mandate by cherry-picking polling results.

On Sunday, Trump’s transition team highlighted new polling from CBS News, claiming it showed “overwhelming support” for his “transition and agenda.”

But even though the poll indicated that 59% of Americans approved of Trump’s handling of the presidential transition, it did not show overwhelming or even majority support for many parts of his agenda.

For example, while Trump won strong backing for his broad immigration plan, with 57% supporting a “national program to find and deport all immigrants who are in the U.S. illegally,” the poll showed far less support — 40% — for his plan to use the military to carry out deportations.

Whatever the popular vote, the Hoover Institution’s Chen argues, Trump is in a strong position because he can count on GOP majorities in both houses of Congress.

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“He’s going to be able to do, from a legislative perspective, largely what he wants to do,” Chen said.

But several GOP senators have already emphasized the importance of requiring FBI background checks for Trump’s more contentious nominees.

It also appears he lacks public support for pushing through his picks without Senate approval. More than three-quarters of respondents, according to the CBS poll, believe the Senate should vote on Trump’s appointments.

Noel, the Georgetown professor, said that Trump’s rhetorical strategy aside, the president-elect might have to move past the “‘I won, so everybody get out of my way’ kind of politics” and work behind the scenes to seek common ground with moderate Republicans and maybe even some Democrats.

“In the past, people have made strong claims about mandates, but then they’ve coupled that with more cautious policymaking,” Noel said. “If Trump doesn’t do that — if he acts like he believes his own story — then we’re in a different, more Trumpian kind of place.”

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Texas could bus migrants directly to ICE for deportation instead of sanctuary cities under proposed plan

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Texas could bus migrants directly to ICE for deportation instead of sanctuary cities under proposed plan

Texas could implement a plan to bus migrants directly to U.S. Immigration and Customs Enforcement (ICE) in an effort to get them processed for deportation, according to media reports. 

The move would be a departure from the state’s program, part of Operation Lone Star, that has bussed thousands of migrants to sanctuary cities, a source told the New York Post. It has yet to be approved by Gov. Greg Abbott. 

Fox News Digital has reached out to Abbott’s office and ICE. 

“We are always going to be involved in border security so long as we’re a border state,” a Texas government source told the newspaper. “We spent a lot of taxpayer money to have the level of deterrent that we have on the border, and we can’t just walk away.”

TRUMP SAYS MEXICO WILL STOP FLOW OF MIGRANTS AFTER SPEAKING WITH MEXICAN PRESIDENT FOLLOWING TARIFF THREATS

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Migrants board a city bus to a shelter intake center after traveling on a bus from Del Rio, Texas, to the Port Authority Bus Terminal in New York City on May 13, 2023. (Victor J. Blue)

Abbott has been especially aggressive in combating illegal immigration, bussing migrants to blue cities in an effort to bring attention to the border crisis. Under the proposed plan, buses chartered by Texas from border cities will be taken to federal detention centers to help ICE agents process migrants quickly, the Post reported.

Texas has been in a legal fight with the Biden administration over its efforts to curb illegal immigration. On Wednesday, an appeals court ruled that the state has the right to build a razor wire border wall to deter migrants. 

Officials have also offered land to the incoming Trump administration to build deportation centers to hold illegal immigrant criminals.

LIBERAL NANTUCKET REELS FROM MIGRANT CRIME WAVE AS BIDEN SPENDS THANKSGIVING IN RICH FRIEND’S MANSION

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“My office has identified several of our properties and is standing by ready to make this happen on Day One of the Trump presidency,” Texas Land Commissioner Dawn Buckingham said during a visit to the border Tuesday.

Authorities have also warned of unaccompanied migrant children being caught near the border. On Thursday, a 10-year-old boy from El Salvador told state troopers in Maverick County, Texas, that he had been lost and left behind by a human smuggler. 

The boy was holding a cellphone and crying, Texas Department of Public Safety Lt. Chris Olivarez posted on X. The child said his parents were in the U.S. 

APPEALS COURT RULES TEXAS HAS RIGHT TO BUILD RAZOR WIRE BORDER WALL TO DETER ILLEGAL IMMIGRATION: ‘HUGE WIN’

On Sunday, troopers encountered an unaccompanied 2-year-old girl from El Salvador holding a piece of paper with a phone number and her name. She told authorities that her parents were also in the U.S. 

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That morning, state troopers also encountered a group of 211 illegal immigrants in Maverick County. Among the group were 60 unaccompanied children, ages 2 to 17, and six special interest immigrants from Mali and Angola. 

“Regardless of political views, it is unacceptable for any child to be exposed to dangerous criminal trafficking networks,” Olivarez wrote at the time. “With a record number of unaccompanied children and hundreds of thousands missing, there is no one ensuring the safety & security of these children except for the men & women who are on the frontlines daily.”

He noted that the “reality is that many children are exploited & trafficked, never to be heard from again.” 

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