Governor Abbott launched Operation Lone Star in March 2021 to respond to a rise in illegal immigration. In May 2021, Governor Abbott issued a disaster declaration which has been continuously renewed. As of the April 22nd renewal, it covers 67 counties. The declaration directed the Department of Public Safety to “use available resources to enforce all applicable federal and state laws to prevent the criminal activity along the border, including criminal trespassing, smuggling, and human trafficking, and to assist Texas counties in their efforts to address those criminal activities.” The following month, the Governor opened Texas Department of Criminal Justice (TDCJ) facilities for detaining arrested persons under Operation Lone Star.
Protecting the Right to Counsel, Improving Public Defense in Operation Lone Star
Starting in 2021 during the second legislative special session (87(2)), the Legislature appropriated funds for Operation Lone Star, including funding for indigent defense. Since Operation Lone Star’s inception, TIDC’s Board has awarded grant funding to indigent defense organizations functioning under Operation Lone Star. These grants have included funding for the Lone Star Defender's Office (LSDO) (Lubbock Private Defender's Office until December 2023) to serve as the Indigent Defense Hub for Operation Lone Star, as well as funding for myPadilla to provide advisals pursuant to the United States Supreme Court’s decision in Padilla v. Kentucky.
In August 2021, the Texas Supreme Court directed TIDC to develop procedures for Operation Lone Star indigent defense representation under its Emergency Order Regarding Indigent Defense and the Border Security State of Disaster, Order 21-9104. The Supreme Court’s Emergency Order was renewed every 60 days until its expiration on May 1, 2025.
Information for Counties with the Expiration of the Texas Supreme Court’s Emergency Order
With the expiration of the emergency order, TIDC’s Board approved two options for counties which are, or have been, served by the Office of Court Administration’s centralized magistration facilities:
· LSDO continues to appoint, supervise, and compensate appointed counsel, defense investigators, experts, and other Operation Lone Star (OLS) defense function expenses, funded by TIDC grants, or
· Counties appoint counsel for OLS cases locally (following county indigent defense plans), and TIDC will reimburse counties’ indigent defense expenses for specified cases in which the appointment of counsel met applicable statutory timelines and other requirements.
Counties choosing LSDO to appoint, supervise, and compensate appointed counsel for OLS cases must adopt the OLS Defense Addendum, including the Regional Presiding Judge’s authorization, supported by a Commissioner’s Court resolution, for LSDO to appoint counsel for any individual arrested or detained on or after May 1, 2025.
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