Rep. Rafael Anchia
Today, Monday, Jan. 30, Rep. Rafael Anchia will file a resolution in the Texas House of Representatives condemning President Trump’s executive order banning Muslims from entering the United States and he will invite the Texas House Democratic Caucus and the Texas House Republican Caucus to sign on in support.
Here’s the text of the resolution:
By:AA____________________ H.R.ANo.A_____
R E S O L U T I O N
WHEREAS, We respect the rule of law and love of our neighbors;
and
WHEREAS, As elected members of the House of Representatives
of the 85th Legislature of the State of Texas, we have sworn an oath
to “preserve, protect, and defend the Constitution and laws of the
United States and of this state”; and
WHEREAS, The Fifth Amendment of the United States
Constitution states that no person shall be “deprived of life,
liberty, or property, without due process of law”; and
WHEREAS, Article I of the Texas Constitution states that
“equality under the law shall not be denied or abridged because of
sex, race, color, creed, or national origin”; and
WHEREAS, On December 7, 2015, Donald J. Trump, as a candidate
for the Republican nomination of president of the United States,
announced his intention “for a total and complete shutdown of
Muslims entering the United States”; and
WHEREAS, On January 27, 2017, President Donald J. Trump
signed an executive order entitled, “Protecting the Nation From
Foreign Terrorist Entry Into the United States” (“Executive
Order”), which bars all people, including legal permanent residents
and authorized visa holders from the countries of Iraq, Syria,
Iran, Libya, Somalia, Sudan, and Yemen; and
WHEREAS, The executive order halts the admission of all
refugees to the United States, including those who have helped
America and its allies fight against Al-Qaeda and the Islamic
State; and
WHEREAS, The United States Supreme Court determined in Church
of Lukumi Babalu Aye, Inc. v. City of Hialeah, in a majority opinion
written by Justice Anthony Kennedy and concurred by Justice Antonin
Scalia, that “official action that targets religious conduct for
distinctive treatment cannot be shielded by mere compliance with
the requirement of facial neutrality” and that “the Free Exercise
Clause protects against governmental hostility which is masked, as
well as overt”; and
WHEREAS, President Trump ’s aforementioned executive order to
ban travel is, without question or debate, a fulfillment of
President Trump ’s intention to shut down the entry of Muslims into
the United States; now, therefore, be it
RESOLVED, That the House of Representatives of the 85th Texas
Legislature hereby condemn President Trump ’s executive order as an
open act of discrimination against Muslims, as a constitutional
violation against legal residents of the United States, and as a
violation of the due process and equal protection clauses of the
United States Constitution; and, be it further
RESOLVED, That an official copy of this resolution be
prepared and delivered to President Donald J. Trump as a clear and
unequivocal declaration from the Texas House of Representatives
that we uphold our sworn oath to protect the Constitution, as well
as our moral oaths to respect the rule of law and love our
neighbors.
