Criminal Trespass Affidavit Signed By Eagle Pass Mayor Raises Controversy
City of Eagle Pass, Texas Mayor Rolando Salinas, Jr. signed a “Criminal Trespass Affidavit” in his personal capacity instead of his official capacity declaring the City-owned Shelby Park as “private property,” authorizing the Texas Department of Public Safety (DPS) “to enforce the criminal trespass statute, Section 30.05 of the Texas Penal Code, against any person who is not authorized to be on said property,” principally against undocumented immigrants seeking asylum or refugee status in the United States upon crossing the Rio Grande from Mexico.
Texas DPS is using this “Criminal Trespass Affidavit” to file charges against mostly adult male migrants who are detained within the boundaries of Shelby Park, located on the banks of the Rio Grande, with misdemeanor criminal trespass charges under Section 30.05 of the Texas Penal Code, causing them to be arrested, incarcerated up to 180 days, have a criminal case filed against them, and a court hearing or trial held.
Section 30.05 of the Texas Penal Code states “(a) a person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation operating as a residential treatment center, or an aircraft or other vehicle, without the effect consent and the person: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so.”
Approximately 400 adult individuals have been charged with criminal trespass within the boundaries of the City-owned Shelby Park.
Legal experts note that criminal trespass charges on publicly-owned property are generally null and void unless it meets one of the exceptions designated in the statute.
The Criminal Trespass Affidavit signed by Rolando Salinas states: “My name is Rolando Salinas. I am the_______of the private property located at 220 West Main, Eagle Pass, TX 78852. I have care, custody and control of the above referenced private property. I am authorized to act on behalf of said private property. Property Name Shelby Park.”
The Salinas Affidavit continues stating: “I hereby request and authorize the Texas Department of Public Safety to enter the property at said location and, in my absence, to enforce the criminal trespass statute, Section 30.05 of the Texas Penal Code, against any person who is not authorized to be on said property. Texas Department of Public Safety officers may act as ‘persons with apparent authority to act for the property owner’ to notify any person who is not authorized to be on said property that his entry is forbidden and to leave the property immediately or face possible arrest pursuant to the criminal trespass statute. Appropriate ‘No trespassing’ signs and/or appropriate fences have been posted/constructed on the property at locations that are reasonably likely to come to the attention of intruders, in accordance with the criminal trespass statute. In addition, my designee or I will fully cooperate in the prosecution of anyone who is arrested for criminal trespass pursuant to this affidavit program. Signature: Rolando Salinas. Printed Name: Rolando Salinas. Address: 100 S. Monroe St., Eagle Pass, TX 78852. Property Address: 220 West Main, Eagle Pass, TX. After Hour Telephone Number: 830-773-9228.”
Mayor Salinas stated that a state prosecutor requested him to sign the Criminal Trespass Affidavit so that the Texas Department of Public Safety could file criminal trespass charges against persons entering City-owned Shelby Park from the Rio Grande. Salinas, himself, is an attorney.
Mayor Salinas told the Eagle Pass Business Journal that he signed the Criminal Trespass Affidavit based on the City of Eagle Pass’s Emergency Declaration Powers.
Allegedly, the City of Eagle Pass City Council has not officially authorized nor taken formal action authorizing Mayor Rolando Salinas, Jr. to sign said Criminal Trespass Affidavit against persons entering the City-owned Shelby Park as a private individual nor as a private property.
State Public Defender attorneys representing migrants have raised the defense that Salinas’s signing of the Criminal Trespass Affidavit in his individual capacity and without formal Eagle Pass City Council authorization is a violation of the Texas Open Meetings Act and an ultra vires act, that is, an unauthorized null and void act. Furthermore, Defense attorneys highlight that Shelby Park located at 220 West Main Street in Eagle Pass, Texas is a publicly-owned property, not a private property, for which a person cannot be charged with a criminal trespass violation under Section 30.05 of the Texas Penal Code. Defense attorneys plan to file motions to dismiss the criminal trespass charges against persons entering Shelby Park from the Rio Grande.
A legal expert noted the legal dilemma concerning the validity of the Criminal Trespass Affidavit executed by Mayor Rolando Salinas, Jr. in his individual capacity of the publicly-owned Shelby Park raises a conundrum of potential liability issues for the City of Eagle Pass.
Concerned citizens of Eagle Pass are requesting the Eagle Pass City Council to place this issue on their upcoming Tuesday, August 1, 2023 City Council regular meeting agenda for discussion and possible action to rescind such affidavit.
