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.