Will Abbott Win the Federal Lawsuit Against the State of Texas?

            The Biden administration opened the southern border and issued an invitation to all who want to come to America. Property owners along the border are paying the price of the bad Biden policies, and Americans across the nation will suffer from the approximately 2 million people who will enter the nation illegally this year. When Texas Governor Greg Abbott realized that the federal government, he decided to act to protect Texans.

            Abbott recently made several announcements about what Texas will do to alleviate the problems of the crisis at the border. The first thing he promised is to finish building the border wall, and the second promise was to arrest illegal aliens for trespassing on private property. The latest Abbott announcement restricts the ground transportation of illegal migrants around Texas communities. He directed law enforcement officials in Texas to intervene and reroute any vehicles suspected of violating his order. The goal is to stop illegal migrants from spreading COVID-19 to Texas communities.

            Kaylee Greenlee referenced court documents when writing that the Biden administration filed a lawsuit against the State of Texas arguing that Abbott’s “executive order violates U.S. law and could harm migrants in federal custody while risking the safety of law enforcement.” 

“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 alleges in the lawsuit….

“The INA (Immigration and Nationality Act) further vests the United States with broad discretion to release noncitizens seeking admission to the United States from custody through various mechanisms including, inter alia, parole … and conditional release from custody,” according to the lawsuit….

“If CBP (Customs and Border Protection) is unable to transfer noncitizens out of CBP facilities, CBP detention numbers and the average time individuals are in custody will rise, conditions will deteriorate, and there will be a greater risk of COVID-19 transmission to noncitizens and staff,” according to the lawsuit….

            The problem that I see with the federal argument is that Congress refuses to pass immigration laws that work. Reform has been needed for many years, but Congress is more interested in keeping Donald Trump out of the White House than in doing their job. In addition, the Biden administration refuses to do it job in protecting America and Americans. They seem much more interested in helping non-Americans than American citizens. Governor Abbott is trying to protect Texans and other Americans in an upside-down-world where the federal government is working against him.