During its June 24 meeting, the Hays County Commissioners Court affirmed its commitment to the “Constitutional and Humane Treatment of All,” advocating for due process and the protection of habeas corpus.
The resolution, sponsored by Commissioner Walt Smith, comes two weeks after Hays County Judge Becerra introduced, and the court passed, a similar resolution about the treatment of immigrants.
Smith’s resolution called for the court to support the upholding the constitutional rights and due process for “all persons in custody of any U.S. law enforcement agency.” However, language in the resolution specifically highlights those involved in the Jan. 6 insurrection at the U.S. Capitol.
“WHEREAS, Thousands of Americans were arrested in raids, detained, prosecuted, and held chargeless for extended periods, with no access to counsel, and no clarification of charges or access to warrant information, many of which, including residents of Hays County, and the City of San Marcos, were subsequently released with no charges being filed and lacking basic due process following the events of January 6th, 2021 in Washington, DC,” The resolution reads.
After public comments on the resolution, which all opposed Smith’s resolution inclusion of Jan. 6 defendants, Smith defended his resolution by reading from an Op-Ed he wrote for the Dallas Morning News.
“The events of Jan. 6 will stay with me for the rest of my life,” Smith said. “What happened at the Capitol will scar our democracy forever … What happened that day was unconscionable, what happened after that day was unconscionable,” Smith said.
Smith and Commissioner Morgan Hammer both said that Smith’s resolution and resolutions like it, are a waste of the court’s resources as the county government has no authority over the treatment of immigrants or anyone in law enforcement custody outside of Hays County.
Becerra did admit that some issues, such as abortion, which Hammer mentioned, are outside of the court’s jurisdiction, but that he would talk about issues impacting anyone in Hays County.
“If anyone in our county with a beating heart has trouble, it will always be my duty to lean in,” Becerra said. “I will never stand idle, I don’t care what it costs … I condemn this ridiculous resolution.”
After Becerra spoke, Smith spoke on his resolution again. Smith claimed that over 5,000 people were arrested in connection to Jan. 6, many without being charged, then immediately claimed that all of those individuals were held on federal charges.
After he spoke again, Smith moved to vote on the resolution, without any mention of Jan. 6.
The court voted 3-2 to reject the resolution.
