Judge Sides With Biden Against Texas Governor’s Order To Block Transporting Released Migrants

Kaylee Greenlee

A federal judge on Tuesday sided with the Biden administration against the Texas governor’s order to block the transportation of migrants released from federal custody.

U.S. District Judge Kathleen Cardone issued a temporary halt on Republican Gov. Greg Abbott’s executive order directing law enforcement to pull over vehicles suspected of transporting released migrants until Aug. 13, court documents show. Cardone was appointed to the U.S. District Court in El Paso, Texas, by President George W. Bush in 2003.

“The Executive Order causes irreparable injury to the United States and to individuals the United States is charged with protecting, jeopardizing the health and safety of non-citizens in federal custody, risking the safety of federal law enforcement personnel and their families, and exacerbating the spread of COVID-19,” according to the documents.

Abbott directed the Texas Department of Public Safety to target vehicles suspected of transporting migrants who illegally entered the U.S. and were released from federal custody, according to the executive order. The governor said the order is intended to stop the spread of COVID-19 in Texas communities.

The Biden administration filed a lawsuit against Abbott’s executive order on Friday, saying the measure violates federal law and could hurt both law enforcement officials and migrants in custody, according to court documents.

“The executive order violates the Supremacy Clause and causes injury to the United States and to individuals whom the United States is charged to protect, 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 in our communities,” the Department of Justice (DOJ) alleges in the lawsuit.

The lawsuit further alleges that the executive order interferes with nongovernmental partners and contractors working with the federal government and the enforcement of federal immigration law, according to the DOJ. The federal government relies on its partners to transport migrants and test them for COVID-19.


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