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.