An undocumented immigrant who was arrested for allegedly threatening a police officer in Texas after he attempted to run him over has filed a lawsuit in the state’s supreme court.
The case is being brought by Francisco Perez, who has been in the United States since 2012.
The 37-year-old man, whose name has not been released, says he was handcuffed, arrested, and charged with resisting arrest and aggravated assault, among other charges.
His lawyer, Alex Pascual, says that while Perez has been convicted of a string of violent and racist crimes, his case has not received a fair hearing.
“His case has been totally ignored by the Texas Supreme Court,” Pascil told VICE News.
“The Texas Court of Criminal Appeals is the only court in the country that has heard this case.
And the only reason we’re getting any justice is because of the Texas law.”
Perez has sued the federal government, the Texas Attorney General, the Department of Homeland Security, and Texas state officials, accusing them of “systemic and systemic racism” and failing to address the man’s immigration status.
“There are people who have been arrested who are undocumented, they’re not protected by the law,” Perez told VICE.
“They can’t get the attorney fees.
They’re not able to hire a lawyer.
They can’t obtain the services of a lawyer.”
Pascul is also fighting a federal judge’s ruling that the Texas statute that Perez is challenging is unconstitutional.
Perez says that, as a result, he is seeking to get the case heard before the U.S. Supreme Court.
“I am seeking to have this case heard in front of the U,S.
supreme court because that’s what Texas does best,” he said.
“It’s the first state that does this.
And I think that Texas has an obligation to stand up to the federal administration, because we’re one of the few states that do this, and I think they’re going to have to stop this.
We need a fair and equal process.”
In the Texas case, Perez’s attorneys argue that the statute that he’s suing over is a federal overreach, which the federal agency has repeatedly stated it will not enforce.
“Texas is not an outlier,” Pambil said.
“[Texas] is not a country where we don’t do this.
This is not just a case of one undocumented immigrant.
This has a lot of people in Texas.”
Perez’s lawsuit is being filed in Texas, but it’s also expected to be heard by the U’s 5th Circuit Court of Appeals in New York, which will decide the case.
In the meantime, Perez says he plans to use the legal system to defend himself.
“Because we are the first, this is a first step, to bring the U to court,” he told VICE, adding that he will use the case to educate the public on what happens when undocumented immigrants are stopped and arrested by police, and the effect it has on people who are charged with misdemeanors.
“This is not about me,” Perez added.
“If I can help people understand this process, that’s the best thing I can do.
I want to educate people and to get them to understand what happens in the U.”