Justice Department sues Texas for ordering stop vehicles carrying migrants

The Biden administration sued Texas on Friday, asking a federal judge to block Gov. Greg Abbott’s order ordering state soldiers to stop drivers carrying migrants who pose a risk of carrying COVID-19 in order to ” prevent the spread of the virus.

The lawsuit comes a day after U.S. Attorney General Merrick Garland, in a letter to the governor, threatened to take legal action against Texas if Abbott did not reverse his order. Garland called the order “dangerous and illegal”.

The Justice Department said in the lawsuit that Abbott’s order will help spread COVID-19 and disrupt the network of contractors and non-governmental organizations of immigration officials who are helping to welcome newly arrived migrants while their legal affairs are ongoing.

“In our constitutional system, a state does not have the right to regulate the operations of the federal government,” argued the DOJ in a petition asking the judge to block Abbott’s order, adding that “this restriction on the transporting non-nationals would seriously disrupt federal immigration operations ”.

On Wednesday, Abbott issued the order, allowing soldiers from the Texas Department of Public Safety to redirect civilian vehicles to their point of origin or a port of entry, or to seize the vehicles, if police suspect the driver carries migrants infected with the virus.

Abbott said in a statement his order “will reduce the risk of exposure to COVID-19 in our communities,” although the governor does not allow local government officials to issue mask warrants even though coronavirus infections are increasing again statewide.

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

The governor responded to the lawsuit in a statement claiming that the Biden administration created this crisis because it does not enforce immigration laws. He also said he would not back down because his “duty remains to the people of Texas, and I have no intention of abdicating that”.

Currently, the Biden administration is turning back many migrants under Title 42, which allows officers to return migrants to Mexico due to the risk of the spread of COVID-19. This practice has been in place since the Trump administration.

The governor also responded to Garland’s letter with his own letter of July 30, stating to the United States Attorney General that his authority “to protect non-citizens directly conflicts with my authority and duty to protect the citizens of Texas and the United States”.

He also argued that the Biden administration should “stop admitting migrants who are not authorized by Congress to be admitted.”

“This would dramatically reduce the import of COVID-19 while also fulfilling the role of the federal government to faithfully enforce the laws of the United States,” Abbott said.

Texas Attorney General Ken Paxton also responded to the lawsuit in a statement saying Abbott’s order was “much needed” and “perfectly legal”.

Immigration rights activists say Abbott’s most recent order would not only disrupt shelters that have taken in migrants released by border patrol agents, but also invite soldiers to racially profile people. They also said it would impact the volunteers who drive migrants to bus stops or airports.

Many migrants have tried to enter the country through the Rio Grande valley. Many of them have applied for asylum and immigration officials have released some migrants pending the outcome of their asylum applications.

Some migrants stay in shelters until friends or relatives send them money for a bus ride or plane ticket to their destination in the United States.

Join us September 20-25 at the Texas Tribune Festival 2021. Tickets are on sale now for this multi-day celebration of big, bold ideas on politics, public policy and the day’s news, hosted by award-winning journalists of the Texas Tribune. Learn more.