Justice Department sues over Abbott’s anti-migrant executive order

Good.

The Biden administration sued Texas on Friday, asking a federal judge to block Gov. Greg Abbott’s order that state troopers pull over drivers transporting migrants who pose a risk of carrying COVID-19 as a way to prevent the spread of the virus.

The lawsuit comes a day after the U.S. Attorney General Merrick Garland, in a letter to the governor, threatened to take legal action against Texas if Abbott didn’t rescind his order. Garland described the order as “dangerous and unlawful.”

The Department of Justice said in the lawsuit that Abbott’s order will contribute to the spread of COVID-19 and it will disrupt immigration officials’ network of contractors and non government organizations that help host recently arrived migrants as their legal cases are pending.

“In our constitutional system, a State has no right to regulate the federal government’s operations,” the DOJ argued in a motion asking the judge to block Abbott’s order, adding “this restriction on the transportation of noncitizens would severely disrupt federal immigration operations.”

[…]

The lawsuit says that if migrants are not allowed to be transported by volunteers or contractors they would have to be confined to immigration facilities where there would not be enough space for every migrant.

I’d not blogged about this before, so here’s the background for you:

Gov. Greg Abbott draws criticism for ordering state troopers to pull over vehicles with migrants, saying it will stem COVID-19 risk
U.S. attorney general blasts Texas Gov. Greg Abbott’s latest border directive and threatens a legal battle
‘Dangerous and unlawful.’ AG Merrick Garland threatens to sue over Gov. Abbott’s latest border order

Yes, the same Governor who has banned mask mandates and vaccine mandates for local government employees somehow thinks this will have a positive effect on COVID, even though 90% of migrants are vaccinated, nearly double the rate of the Texas population as a whole. For more on the lawsuit, which is an emergency motion seeking an injunction or temporary restraining order, see here. For a copy of the lawsuit itself, see here. For an analysis of why the Abbott executive order is “*flagrantly* illegal and unconstitutional”, see here. For more in general, see Dos Centavos and the Chron.

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8 Responses to Justice Department sues over Abbott’s anti-migrant executive order

  1. Jason Hochman says:

    MSNBC just had a report that whistle blowers were silenced about the Covid spreading among the kids in cages. Can we just admit that the Harris-Biden administration has so far failed miserably.

    Theft and violent crime rising, Covid not under control, a border crisis, kids in cages, mass shootings, inflation every day, if not shortages. Biden was supposed to be Captain Unity, but the country is not united. The big things that Biden was going to “fix” remain the same or worse.

    As bad as Trump was, I wish he could come back. This inflation is essentially a pay cut for me. I’ve not had a raise in six and a half years, so I guess it is time to find a new job.

  2. Bill Daniels says:

    From Kuff’s article:

    “In our constitutional system, a State has no right to regulate the federal government’s operations,” the DOJ argued in a motion asking the judge to block Abbott’s order, adding “this restriction on the transportation of noncitizens would severely disrupt federal immigration operations.”

    This is insane. It’s like saying, “Hey, you can’t be pulling over trucks full of cocaine we flew in to the Mena, Arkansas airport during the Clinton years! You can’t interfere with federal operations.”

    If the federal operations are illegal and a threat to public health, then yeah, somebody needs to stop them. The cartels are delivering their cargo to the border, then Biden is taking the hand off and finishing the distribution of the cartel cargo, in a perverted, last mile, delivery service. Are the cartels paying for this? Who is collecting the money? Is the Big Guy getting his usual and customary 10%?

    It’s like the cartels are shipping containers of toxic waste across the border, some of them are leaking, and the federal government is not only accepting all the waste, but transporting it all over the state, regardless of which containers are leaking and endangering Texans.

  3. Ross says:

    Bill, the Feds control immigration. Period. Abbott can’t use State resources to interfere with federal actions. Your analogy using cocaine is not relevant, since states have laws prohibiting cocaine possession. States are not allowed to make laws regarding immigration and immigration status. But, you knew that.

  4. Bill Daniels says:

    Ross,

    Are you saying that Texas does not have laws against human trafficking, which is exactly what is happening here? If it’s legal to traffic humans in Texas, maybe we need to look at outlawing that.

  5. Ross says:

    Bill, if the immigrants are being transported under the auspices of the Feds, it’s not trafficking. If the immigrants are being transported at their own request to their families, it’s not trafficking. Trafficking under Texas law requires intent to force the trafficked person to perform labor or services against their will, or to engage in prostitution. Google the Texas Penal Code.

  6. Jason Hochman says:

    Yes, it seems like the federal government is sponsoring the trucks hauling immigrants all around the country. Crazy.

  7. C.L. says:

    If you’re not getting a raise inside of six years, maybe it’s because your employer has realized you’re a numbnut. Sounds less about the employer and more about the employee.

  8. Pingback: Judge halts Abbott’s “pull over migrants” executive order – Off the Kuff

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