The Hays County Commissioners Court adopted a resolution reaffirming Hays County’s commitment to the Constitutional and Humane Treatment of all individuals – regardless of immigration status.
According to the proclamation, the Constitution of the United States, including its Bill of Rights, guarantees due process and equal protection under the law to all persons, not just citizens, reaffirmed in landmark rulings such as Zadvydas v. Davis (2001), and Hays County is steadfast in its oath-bound duty to uphold these protections.
“The Fifth and Fourteenth Amendments mandate that no person shall be ‘deprived of life, liberty or property without due process of law,’ a protection extended to every human being on American soil, underscoring our national commitment to fairness and restraint,” the proclamation stated.” The Supreme Court has long affirmed that ‘the Constitution applies to all persons within the United States, including aliens, whether their presence here is lawful, unlawful, temporary or permanent’ (Plyler v. Doe, 1982), cementing the legal and moral responsibility of all local authorities to treat immigrants with dignity and justice.”
The writ of habeas corpus, enshrined in Article I, Section 9 of the U.S. Constitution, protects against arbitrary detention and underscores the American rejection of unchecked governmental power, obligating us to maintain accountability in all acts of restraint or relocation.
“Transparency and accountability in the treatment, detention, and transport of individuals within Hays County is not only a matter of good governance but a constitutional imperative grounded in the First and Fourth Amendments’ protections of speech, association and freedom from unreasonable searches and seizures,” the proclamation stated. “The principle of reciprocity – ‘Do to others as you would have them do to you’ – echoes not only through sacred scripture but through the American ethos embedded in the Declaration of Independence, which asserts that ‘all men are created equal, endowed by their Creator with certain unalienable Rights.’” The proclamation stated that the members of the court have sworn an oath to defend the constitution.
“The Hays County Commissioners Court demands a clear, consistent and constitutionally sound process for the handling of all individuals, immigrants or otherwise, by any agency or organization operating within our jurisdiction,” the proclamation stated. “This process must include timely and transparent notification detailing who was taken, under what authority, where they were transported and why such actions were undertaken.”
The proclamation urged other elected officials across Texas to adopt similar resolutions.
