A federal judge on Tuesday blocked Gov. Greg Abbott and the state of Texas from ordering state troopers to pull over drivers transporting migrants “who pose a risk of carrying COVID-19.”
U.S. District Judge Kathleen Cardone granted a temporary restraining order against Abbott’s move, meaning it will be blocked while the case continues to unfold. The U.S. Justice Department sued Abbott and Texas on Friday, a day after U.S. Attorney General Merrick Garland threatened to take legal action if Abbott didn’t rescind his order, calling it “dangerous and unlawful.”
In a statement later Tuesday, Abbott’s press secretary said the state looks forward to presenting evidence that supports his order.
“The Court’s recent order is temporary and based on limited evidence,” Press Secretary Renae Eze said in the statement.
Cardone still must decide whether Texas’ move is constitutional, and her temporary restraining order is set to last until the court’s next hearing on Aug. 13. Abbott has defended his order as necessary to help prevent the spread of COVID-19 in Texas, while advocates for migrants say it would disrupt federal immigration efforts and invite troopers to racially profile people.
See here for the background, and here for a copy of the restraining order. This is all pretty technical and I don’t have the knowledge to say anything cogent, so I will give you a bunch of links at the end of the story for more reading, and we’ll go from there. This tweet made me think about what may come next:
The lawyers can correct me, but 212(f) authority is pretty damn broad compared to what states can do within the legal framework of the immigration system, especially in the wake of Arizona v. United States. So Abbott can try to evade these decisions without the same wiggle room.
— Cris Ramón (@CramonMigration) 6:05 PM – 3 August 2021
It certainly won’t surprise me if Abbott takes another crack at this if he loses. He has every incentive to push at this until he can claim a victory of some kind. Buzzfeed, the Chron, Daily Kos, and TPM have more.