The Department of Justice (DOJ) has filed a federal lawsuit against the state of Texas and Gov. Greg Abbott over an executive order he issued to limit the ground transportation of illegal aliens.
The DOJ filed its complaint with the U.S. District Court for the Western District of Texas in El Paso on July 30.
“No State may obstruct the Federal Government in the discharge of its constitutional responsibilities,” the DOJ complaint reads.
“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 executive order obstructs the Federal Government’s arrangements with nongovernmental partners and directly interferes with the administration of federal immigration law. This Court should declare the executive order to be invalid and enjoin its enforcement.”
Abbott’s order states that no person other than a federal, state, or local law enforcement official can give ground transportation to illegal aliens who have been detained by Customs and Border Protection (CBP) agents. It also grants the state’s Department of Public Safety the authority to stop and send back any vehicle suspected of carrying illegal aliens.
The government regularly employs contractors and other non-law enforcement personnel to transfer migrants, Reuters reported.
“I have the authority, and duty, under the Constitutions of the United States and of Texas to protect Texans and our nation. I also have the authority under long-established emergency response laws to control the movement of people to better contain the spread of a disaster, such as those known to have COVID-19,” he said. “My duty remains to the people of Texas, and I have no intention of abdicating that.”
Abbott has accused the Biden administration of having created a “constitutional crisis between the federal government and the State of Texas” because it has been refusing to enforce immigration laws. He alleges that the Biden administration “knowingly imports COVID-19 into Texas from across the border—willfully exposing Texans and Americans alike.”
“Until President Biden and his Administration do their jobs to enforce the laws of our nation and protect Americans, the State of Texas will continue to step up to protect our communities and uphold the rule of law,” Abbott said.
Representatives for the Biden administration didn’t respond to a request for comment by press time.
