AUSTIN, Texas (CN) — Immigrant rights groups backed by the American Civil Liberties Union filed a federal lawsuit against Texas Governor Greg Abbott over his executive order restricting the transportation of migrants, claiming it goes against federal law and amounts to racial profiling at the southern border.
The legal challenge was brought by the nonprofit Annunciation House, a migrant shelter provider in El Paso, along with immigrant advocacy groups Angry Tias & Abuelas of the Rio Grande Valley and FIEL Houston,. They are represented by attorneys with the ACLU's Immigrants' Rights Project and the ACLU of Texas.
This lawsuit, filed late Wednesday in El Paso federal court, comes six days after the U.S. Department of Justice sued Abbott to block the order. On Tuesday, a federal judge in that case issued a temporary restraining order blocking enforcement of the order until a hearing on an injunction can be held.
Echoing the DOJ's claims, the ACLU and immigration groups allege that the order violates the supremacy clause of the U.S. Constitution by attempting to regulate the movement of migrants, which is for the federal government to decide. They also say the order unlawfully attempts to regulate the federal government.
Last week, Abbott signed the executive order directing state law enforcement officers to stop any vehicles that are under suspicion of carrying migrants who crossed the border illegally and were released from federal custody. The order says the migrants should be sent back to the port of entry, and if any driver refuses to be rerouted officers can impound their vehicle. The Republican governor said only state, federal or local law enforcement can transport undocumented migrants.
The order complicates the ability of the federal government to transport migrants because some officials with Customs and Border Protection, or CPB, are not considered law enforcement. The federal government also contracts private entities to aid in the transportation of migrants, which under Abbott's order would be considered unlawfully transporting migrants.
In Wednesday's lawsuit, the ACLU argues the order will directly impact people who have been released from the federal government's custody into the country to await their immigration hearing. Those people will be unable to get any form of transportation after being released from CBP custody, according to the complaint, which points out that state law enforcement officials would be taking migrants back to CBP after the agency released them.
The groups also claim the order allows Texas police to racially profile travelers along the border region.
"It directs state officers to make their own determinations about passengers’ immigration status, wholly independent of the federal government, and to impose harsh penalties based on those unilateral immigration decisions," the lawsuit states. "It opens the door to profiling, standardless detention, questioning, vehicle seizure, rerouting, and heavy fines. The executive order is already having a profound chilling effect on people’s movement in border communities and throughout the state."
In addition, the immigrant advocacy organizations say they will be directly affected by the order if it is allowed to be enforced. Annunciation House transports migrants who have been released from federal immigration custody to its facility, which houses migrants in the El Paso area. Angry Tias funds numerous services for migrants, including a taxi service that is kept on retainer. Both groups say they would be unable to provide such services under the governor's order, would face having their vehicles impounded and would be left with no way of assisting migrants.
Kate Huddleston, an attorney with the ACLU of Texas, said in a statement that Abbott's order "creates the perfect storm for racial profiling by allowing state troopers to view any group of people as ‘certain immigrants’ violating the order.”
"This is yet another assault on Texans’ civil rights by the governor and an effort to scapegoat immigrants in the state," she said.
Ruben Garcia, director of Annunciation House said, “If we cannot help people reach their onward destinations, we will have to close our doors.”
"Simply put, Governor Abbott’s executive order prevents us from doing what we do — serving migrants and refugees in our vibrant community," Garcia said in a statement.
On Tuesday, U.S. District Judge Kathleen Cardone temporarily halted the executive order in the DOJ's case against Abbott.
Cardone, a George W. Bush appointee, said in her order that the Biden administration is likely to prevail on its claims that the executive order violates the supremacy clause and imposes obstacles to the enforcement of federal immigration law. The restraining order will remain in place until an Aug. 13 hearing.
Abbott's office expressed confidence in the legality of the executive order in a statement after the ruling.
"The court's recent order is temporary and based on limited evidence. We look forward to providing the court with the evidence to support the governor's executive order to protect Texans," it said.
Abbott issued the executive order because of what he sees as inaction from the Biden administration to address a surge of migrant crossings at the southern border.
'The current crisis at our southern border, including the overcrowding of immigration facilities and the devastating spread of Covid19 that the influx of non-citizens is causing, is entirely the creation of the Biden administration and its failed immigration policies," he said in a statement last week.
Follow Kirk McDaniel on Twitter
Follow @KirkReportsNews
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
