Southwest
Judge pauses Biden policy allowing path to citizenship for migrant spouses
A federal judge in Texas on Monday paused a Biden administration policy that would give spouses of U.S. citizens legal status without having to first leave the country, dealing at least a temporary setback to one of the biggest presidential actions to ease a path to citizenship in years.
The administrative stay issued by U.S. District Judge J. Campbell Barker comes just days after 16 states, led by Republican attorneys general, challenged the program that could benefit an estimated 500,000 immigrants in the country, plus about 50,000 of their children.
One of the states leading the challenge is Texas, which in the lawsuit claimed the state has had to pay tens of millions of dollars annually from health care to law enforcement because of immigrants living in the state without legal status.
President Joe Biden announced the program in June. The court order, which lasts for two weeks but could be extended, comes one week after the Department of Homeland Security began accepting applications.
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“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Barker wrote.
The judge laid out a timetable that could produce a decision shortly before the presidential election Nov. 5 or before a newly elected president takes office in January. Barker gave both sides until Oct. 10 to file briefs in the case.
The policy offers spouses of U.S. citizens without legal status, who meet certain criteria, a path to citizenship by applying for a green card and staying in the U.S. while undergoing the process. Traditionally, the process could include a years-long wait outside of the U.S., causing what advocates equate to “family separation.”
The Department of Homeland Security did not immediately return an email seeking comment on the order.
Republican Texas Attorney General Ken Paxton cheered the order.
“This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” Paxton posted on the social media platform X.
Several families were notified of the receipt of their applications, according to attorneys advocating for eligible families who filed a motion to intervene earlier Monday.
“Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without confronting their reality,” Karen Tumlin, the founder and director of Justice Action Center, said during the press conference before the order was issued.
The coalition of states accused the administration of bypassing Congress for “blatant political purposes.”
The program has been particularly contentious in an election year where immigration is one of the biggest issues, with many Republicans attacking the policy and contending it is essentially a form of amnesty for people who broke the law.
To be eligible for the program, immigrants must have lived continuously in the U.S. for at least 10 years, not pose a security threat or have a disqualifying criminal history, and have been married to a citizen by June 17 — the day before the program was announced.
They must pay a $580 fee to apply and fill out a lengthy application, including an explanation of why they deserve humanitarian parole and a long list of supporting documents proving how long they have been in the country.
If approved, applicants have three years to seek permanent residency. During that period, they can get work authorization.
Before this program, it was complicated for people who were in the U.S. illegally to get a green card after marrying an American citizen. They can be required to return to their home country — often for years — and they always face the risk they may not be allowed back in.
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Southwest
Texas lawmaker proposes bill to abolish death penalty in Lone Star State: 'I think sentiment is changing'
A Texas state lawmaker has introduced legislation to eliminate the death penalty in the state amid a high-profile death row case currently unfolding.
Democrat state Rep. John Bucy III filed the bill for the upcoming legislative session.
“I think I’ve been opposed to the death penalty my whole life as I’ve thought about its use, and should it exist in our society,” Bucy said, according to Fox 7.
“Financially, if you just want to look at it economically, we spend more money to execute than to keep someone in prison, so it’s really a lose-lose situation with a high risk stake if we get it wrong,” he continued.
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This comes after the Texas Supreme Court cleared the way last week for the state to schedule a new execution date for inmate Robert Roberson, whose initial execution was delayed last month.
Roberson is currently on death row over his conviction in which prosecutors say he killed his two-year-old daughter, Nikki Curtis, by shaking her to death, known as shaken baby syndrome. But his lawyers say Nikki actually died from other health issues such as pneumonia and that new evidence proves his innocence. His lawyers also said doctors had failed to rule out these other medical explanations for the child’s symptoms.
Roberson was scheduled to be put to death on Oct. 17 before the state Supreme Court issued a stay to delay his execution shortly before it was set to take place.
If he is put to death, he would be the first person in the U.S. to be executed in a case based on shaken baby syndrome.
More than 80 Texas state lawmakers, as well as the detective who helped the prosecution, medical experts, parental rights groups, human rights groups, bestselling novelist John Grisham and other advocates have called for the state to grant Roberson clemency over the belief that he is innocent. A group of state lawmakers have also visited Roberson in prison to encourage him.
“I feel like I’ve gotten more engaged with this Robert Roberson case and wanted to make sure that we’re continuing this conversation about the lack of humanity tied to the death penalty,” Bucy said.
Texas has executed nearly 600 people since 1982, according to Texas Coalition to Abolish The Death Penalty executive director Kristin Houle Cuellar.
“Which is far more than any other state in the nation,” Houle Cuellar told Fox 7. “We have quite a reputation when it comes to the use of the death penalty in Texas.”
Houle Cuellar said that there have been fewer death sentences in the state in the last decade, which she partially attributes to the introduction in 2005 of life without parole.
“Prosecutors have used that discretion in opting not to seek the death penalty,” Houle Cuellar said. “Even in about 30 percent of the cases that they’ve taken to trial where they’ve sought the death penalty, jurors have rejected it.”
Houle Cuellar said that Harris, Dallas, Tarrant and Bexar counties lead the state in death sentences and more than half of all Texas counties have never issued a death sentence.
Since 2007, multiple Texas lawmakers have unsuccessfully sought to abolish the death penalty. But Bucy says there is now enough momentum regarding the issue to reintroduce legislation to eliminate the practice.
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“While it’s an uphill battle to end the death penalty in Texas, we’ve seen the number of executions go down,” he said. “I think sentiment is changing, and I also think as we see these specific cases come to life, and we start learning the specific stories, people are going to get more and more concerned about the possibility of getting it wrong.”
State Sen. Sarah Eckhardt and state Rep. Joe Moody, both Democrats, have filed similar bills to abolish the death penalty, which will need to be voted on by fellow lawmakers when the legislative session begins early next year.
In another Texas death row case, a judge found last month that Melissa Lucio was innocent in the 2007 death of her two-year-old daughter, Mariah. Senior State District Judge Arturo Nelson recommended that Lucio’s conviction and death sentence be overturned. The judge also found that prosecutors suppressed evidence and testimony, including statements from Lucio’s other children, that could support the claim that she was not abusive and that Mariah’s death was accidental from falling down the stairs.
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Los Angeles, Ca
Fort Irwin soldier allegedly murdered comrade
A soldier from Fontana has been charged with murder in the death of another soldier at Fort Irwin in San Bernardino County.
Spc. George Cornejo, 26, is accused of killing Spc. Andrew P. Smith on Oct. 28, military officials said in a press release.
Smith, 27, was found injured in his residence that day and later succumbed to his wounds, officials said when announcing his death. The Rye, New York, native had been stationed at Fort Irwin for more than two years.
The manner and possible motivation for the alleged murder were not released.
Cornejo has been in pre-trial custody since Oct. 29, and he’s expected to be transferred to the Naval Consolidated Brig in Miramar.
A preliminary hearing will be held to determine if Cornejo will be tried by court-martial.
Southwest
Texas man convicted after saying he mutilated victims, ate human heart as part of 'ritualistic sacrifices'
A Texas man was convicted of killing three people, dismembering them and burning their bodies after admitting to investigators that he was called to “commit sacrifices.”
Jason Thornburg was found guilty of capital murder on Wednesday and now, the same Tarrant County jury that convicted him must determine whether he receives a death sentence or if he will spend the rest of his life in prison without the possibility of parole, according to Fox 4.
In September 2021, Thornburg killed three people, dismembered their bodies and stored them under his bed at a motel in Euless, Texas, before lighting the bodies on fire inside a dumpster in Fort Worth.
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Thornburg confessed to investigators that he felt a compulsion to commit “ritualistic sacrifices” and that he ate a victim’s heart and other parts of the victims’ bodies.
His attorneys argued he was insane when he carried out the murders and suffered from a severe mental disease.
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When he was arrested on murder allegations, Thornburg confessed to police he killed his roommate in May 2021 during a suspicious home explosion and his girlfriend in Arizona back in 2017.
These two previous murders were brought up in court on Thursday when the punishment aspect of the trial began.
The victims’ families cannot speak publicly until the punishment phase is finished.
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