AUSTIN, Texas (CN) — The Department of Justice filed a lawsuit against the state of Texas and Governor Greg Abbott, seeking to enjoin an executive order he signed earlier this week targeted at restricting travel of migrants.
The lawsuit alleges that the order violates the Supremacy Clause, the federal government’s precedence over the states. The DOJ says that the order does this by obstructing the government’s ability to enforce immigration law.
In his executive order issued on Wednesday, Abbott directed the Texas Department of Public Safety to stop any vehicle that is under suspicion of transporting undocumented migrants who could be carrying Covid-19. He expressly limits ground transportation of migrants to “federal, state, or local law enforcement [officials]”
The lawsuit asserts that Governor Abbott does not have the authority to limit who can transport migrants when that is up to the federal government to decide. Many entities aid in the transportation of migrants, whether it be private contractors or people within Customs and Border Protection who are not considered a “law enforcement official.”
“The Biden Administration has created a constitutional crisis between the federal government and the State of Texas,” Abbott said in a press release, signaling that he has no intentions of ending or modifying his executive action.
When he issued the order, Abbott said it “will reduce the risk of COVID-19 exposure in our communities." The governor implied migrants that cross the U.S.-Mexico border are directly contributing to the rise in cases across South Texas. Infections have been on the rise across the state in recent weeks. Abbott said on Newsmax that the issue with migrants possibly carrying Covid-19 is a “public health safety crisis.”
U.S. Attorney General Merrick Garland sent a letter to the governor, accusing him of violating federal law and urging him to rescind his order or face legal action. “Texas has no authority to interfere with the United States broad, undoubted power over the subject of immigration,’” Garland said in his letter. Garland also asserted that the order would further the spread of the virus among migrants, law enforcement, and their families.
A day after the attorney general sent his letter, Abbott responded in his own letter, attacking Garland and the Biden administration for using their authority to prevent him from “[protecting the] citizens of Texas and the United States.”
“It is clear from the arguments in your letter that the State of Texas and the federal government face a constitutional crisis,” said Abbott. “I have the authority to control the movement of people to contain the spread of a disaster.”
Abbott also accused the Biden administration of failing to enforce federal immigration laws, therefore leading to the surge in migrants and rise in Covid-19 cases.
The feud between Governor Abbott and the federal government over the Texas-Mexico border has been heating up since earlier this summer. Abbott announced in June he would continue former President Donald Trump’s mission to build a wall on the border, making a $250 million down payment on the project. He plans to further fund the construction of barriers through donations from individuals across the country.
As a response to the rising number of Covid-19 infections in Texas, Abbott issued a second executive order this week restricting local governments from implementing mask mandates and required vaccinations. The governor also jeopardized state funding for public or private institutions who request proof of vaccination.
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