OPINION: This article contains commentary which reflects the author's opinion
Joe Biden’s administration got a major victory, though it may be temporary, in its fight against Texas Gov. Greg Abbott’s executive order getting tough on migrant crossings.
Judge Kathleen Cardone, who was appointed by former President George W. Bush, put a temporary stop to the order which allowed Texas State Troopers to stop vehicles suspecting of carrying illegal immigrants, The New York Post reported.
The order by US District Judge Kathleen Cardone of El Paso handed an initial victory to the Biden administration, which sued Texas Republican Gov. Greg Abbott last week to halt the implementation of an executive order mandating the stops.
Cardone said in her two-page order that the Justice Department was likely to prevail on its claim that the order signed by Abbott July 28 violates the Constitution’s Supremacy Clause by both conflicting with federal immigration law and regulating federal operations.
The judge also found that the 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.”
The full hearing is scheduled August 13. Both sides will have ten days to prepare their arguments before the judge hears the full case, but she said from what she currently sees the federal government is likely to prevail.
“We look forward to providing the Court with the evidence to support the Governor’s Executive Order to protect Texans,” Renae Eze, a spokesperson for Abbott, said. “The Biden Administration has knowingly—and willfully—released COVID-19 positive migrants into Texas communities, risking the potential exposure and infection of Texas residents. The Governor’s Executive Order attempts to prevent the Biden Administration from spreading COVID-19 into Texas and protect the health and safety of Texans.”
Governor Abbott accused the Biden administration of creating a constitutional crisis between the federal government and the State of Texas,” after Attorney General Merrick Garland sent a letter to Abbott that advised him that his order was not enforceable and he must rescind it.
“The Biden Administration has created a constitutional crisis between the federal government and the State of Texas,” he said on Friday, The New York Post reported.
“This stems from the Biden Administration’s refusal to enforce immigration laws and allow illegal immigrants with COVID-19 to enter our country,” he said.
He said that his state is being “overrun and overwhelmed” by the record number of migrants and that “cartels and smugglers profit off the chaos.”
“Not only that, but this crisis also extends beyond the border as deadly drugs like fentanyl infiltrates our communities,” the governor said.
“This already dangerous situation continues to deteriorate as the Biden Administration knowingly imports COVID-19 into Texas from across the border—willfully exposing Texans and Americans alike,” he said.
“President Biden has a duty and a responsibility to protect and uphold our nation’s sovereignty, yet he has long-since abdicated his authority to do so,” he said.
“Abbott claimed that he had to take action with his executive order as the ‘Biden Administration sits on the sidelines,” the governor said.
“I have the authority, and duty, under the constitutions of the United States and of Texas to protect Texans and our nation,” he said.
“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.
Before that, he responded directly to Attorney General Garland with a letter of his own in which he said that Garland’s letter “conflicts with my authority, and duty, to protect citizens of Texas and the United States.”
“Your actions, combined with the actions and omissions of the Biden Administration, directly conflict with my authority as Governor,” the governor said.
“The Biden Administration is failing and refusing to enforce immigration laws by allowing migrants to unlawfully enter into the United States,” he said.