Advertisement

Federal judge temporarily blocks Texas Gov. Greg Abbott's order on migrant transfers

AUSTIN, Texas - In a victory for the Biden administration, a federal judge has temporarily blocked Gov. Greg Abbott's executive order that directed state troopers to pull over vehicles suspected of carrying unauthorized migrants in federal custody.

U.S. District Judge Kathleen Cardone of El Paso said it appeared that Abbott's directive was an unconstitutional attempt to regulate the federal government's operations and impose improper obstacles on the enforcement of federal immigration law.

Cardone's temporary restraining order blocked Abbott's directive until Aug. 13, when she will hold a hearing to take a deeper dive into the legal issues before deciding whether to issue the injunction requested by the U.S. Department of Justice.

Citing his emergency powers under the Texas Disaster Act, Abbott issued the executive order July 28, saying it was intended to reduce the risk of COVID-19 exposure in Texas communities where detained migrants were being transferred.

More: Williamson County courts impose mask mandate despite Abbott ban

"The dramatic rise in unlawful border crossings has also led to a dramatic rise in COVID-19 cases among unlawful migrants who have made their way into our state, and we must do more to protect Texans from this virus and reduce the burden on our communities," Abbott said when he issued the directive.

The order directed Department of Public Safety troopers to stop "any vehicle" suspected of transporting migrants detained for crossing the southern border illegally and rerouting it to the point of origin "if a violation is confirmed."

FILE - In this June 16, 2021 file photo, Texas Department of Public Safety officers work with a group of migrants who crossed the border and turned themselves in Del Rio, Texas. Republican Texas Gov. Greg Abbott's newest immigration crackdown, allowing state troopers to pull over vehicles suspected of carrying migrants on the basis that they could increase the spread of COVID-19 in the U.S., brought swift backlash from the Justice Department as criticism of the order mounted.

Civil rights groups worried that the order would lead to racial profiling, but U.S. Attorney General Merrick Garland raised different objections in a lawsuit filed two days later, arguing that states are prohibited from interfering with federal officials, contractors or private parties who are "performing tasks on behalf of the United States."

The lawsuit also argued that Abbott's directive would have the opposite effect from limiting the spread of the COVID-19 by keeping "excessive numbers" of migrants in U.S. Customs and Border Protection custody, producing overcrowding that could aid the spread of illness in those facilities.

More: As delta variant surges, Abbott sticks to keeping vaccines, masks voluntary

"CBP closely coordinates with, and releases noncitizens, to various nongovernmental organizations, which perform the critical role of promptly conducting COVID-19 testing and providing safe placement for isolation and quarantine consistent with public health mitigation measures," the lawsuit said.

The judge agreed.

"The Executive Order causes irreparable injury ... to individuals the United States is charged with protecting, jeopardizing the health and safety of noncitizens in federal custody, risking the safety of federal law enforcement personnel and their families, and exacerbating the spread of COVID-19," Cardone wrote in an order released Tuesday afternoon.

Renae Eze, the governor's spokeswoman, said Abbott looked forward to presenting the judge with evidence supporting the need for his order beyond what the state's lawyers were able to provide during a short hearing Monday.

"The Biden administration has knowingly — and willfully — released COVID-19 positive migrants into Texas communities, risking the potential exposure and infection of Texas residents," Eze said.

During Monday's hearing, Cardone pressed the state's lawyers to provide data supporting claims that migrants were bringing COVID-19 into the country, noting that similar concerns have not been raised about Texans who frequently cross the border and return, the El Paso Times reported.

Texas Department of Public Safety officers near the U.S. and Mexico border in Del Rio on July 22, 2021. Troopers are a constant presence in Val Verde County.
Texas Department of Public Safety officers near the U.S. and Mexico border in Del Rio on July 22, 2021. Troopers are a constant presence in Val Verde County.

This article originally appeared on Austin American-Statesman: Texas Gov. Greg Abbott's migrant transfer order blocked by US judge