(TheLibertyRevolution.com)- In late July, the Department of Justice brought a lawsuit against Texas and Governor Greg Abbott seeking to block a state executive order restricting the travel of illegal aliens over concerns of the potential spread of COVID-19.
The DOJ complaint, issued on July 28, claims that Abbott’s executive order interferes with the Federal government’s ability to lawfully release and transport illegals, and violates intergovernmental immunity. Additionally, the DOJ’s complaint said that no state can obstruct the Federal government “in the discharge of its constitutional responsibilities.”
Abbott’s order limits the transportation of illegal aliens recently released from Border Patrol custody “who pose a risk of carrying COVID-19 into Texas communities.” Calling the surge of illegals crossing into Texas an “ongoing and imminent threat,” the order directs the Texas Department of Public Safety to stop and turn back any vehicles suspected of transporting illegals.
Citing the 2010 Supreme Court case that overturned Arizona’s SB-1070, legal experts predicted in early August that Abbott’s order would no doubt be blocked.
In the Arizona case, the Court ruled that, when it comes to the enforcement of immigration law, the Executive branch of the Federal government has plenary power, and no state can supersede the authority of the Federal government.
And the legal experts were right. Last Wednesday a Federal judge in Texas sided with the Biden administration and blocked Abbott’s order.
Federal District Court Judge Kathleen Cardone, a George W. Bush appointee, wrote in her decision that because Governor Abbott’s order authorizes state officers to “make and act upon immigration determinations,” it violated the Supremacy Clause of the US Constitution.
Judge Cardone’s ruling nullifies the order while litigation continues.
Abbott’s order prohibited anyone other than federal, state or local law enforcement from transporting illegals back to the border. Attorney General Merrick Garland warned that such an order would impede border officials from contracting with outside groups.
The DOJ argued that as part of its execution of immigration laws, there are a number of circumstances in which illegals must be transported through “privately arranged travel” either by bus or train.