Texas Republicans Authorize Civil Arrests to Force Return of Democrats Blocking Redistricting
Texas Republicans are pushing forward with efforts to arrest Democratic lawmakers who left the state to block a GOP-led redistricting plan. The Texas House voted Monday to issue civil arrest warrants for the absent Democrats, preventing the legislative body from reaching quorum—a requirement for passing legislation.
The lawmakers fled to states like New York, Illinois, and Massachusetts—all governed by Democrats—to avoid being detained. According to Sarah Chen from the Texas Civil Rights Project, since no criminal laws were broken, Texas authorities can’t demand extradition without cooperation from those states. Extradition in this context would require political favor, not legal obligation, Chen added.
State Rep. Jolanda Jones, one of the Democrats who traveled to New York, dismissed Governor Greg Abbott’s threats of arrest, saying subpoenas issued by Texas carry no weight in New York. Legal experts like Andrew Cates also emphasized that no real legal risk exists for those out of state, as the Texas law does not criminalize the act.
Still, the Texas House Speaker, Dustin Burrows, announced he had signed the warrants and requested the Department of Public Safety (DPS) to track down and return the missing lawmakers. Abbott reiterated that the arrest order would remain active until all Democrats were brought back to the Capitol.
This confrontation stems from a Republican attempt to redraw congressional maps in a way that could secure five more GOP-leaning districts, helping them maintain a narrow majority in the U.S. House of Representatives.
As of now, the Texas House is scheduled to meet Tuesday afternoon but still lacks the two-thirds quorum needed. Republicans have indicated they will do everything within their authority to compel attendance.
Meanwhile, the Texas Attorney General, Ken Paxton, supported the GOP stance, promising to use his power to bring the Democrats back, and called for them to be arrested and penalized for abandoning their posts.
In 2021, Republicans faced a similar walkout from Democrats over proposed voting laws. Though warrants were issued and law enforcement was involved, no arrests were made. The Texas Supreme Court ruled that the House does hold the authority to compel attendance.
Following that incident, new House rules were adopted, allowing fines of $500 per day for absent lawmakers. However, these fines haven't been legally tested, and it's unclear how they would be enforced.
Governor Abbott went further during a Fox News interview, suggesting absent lawmakers had forfeited their positions and should be replaced. Still, Democrats remain undeterred. Rep. James Talarico said he’s prepared to be arrested if necessary but emphasized that he’s standing up for his voters.