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DOJ sues Texas, Gov. Abbott over executive order restricting transportation of migrants

  • July 31, 2021
  • Hawaii
  • DOJ says Abbott’s order “directly interferes with the administration of federal immigration law.”
  • Attorney General Garland on Thursday called on Abbott to “rescind” his executive order.

WASHINGTON – The Department of Justice sued the state of Texas and Gov. Greg Abbott Friday for an executive order that restricts people and groups outside the government from transporting migrants.

“No State may obstruct the Federal Government in the discharge of its constitutional responsibilities,” the DOJ wrote in its complaint.

“But on July 28, 2021, the Governor of the State of Texas issued an executive order purporting—’effective immediately’—to restrict who may lawfully provide ground transportation in Texas to certain groups of migrants who have been detained by the Federal Government pursuant to U.S. immigration authorities or are otherwise subject to certain Federal authorities.”

The lawsuit goes on to say that Abbott’s executive order “obstructs the Federal Government’s arrangements with nongovernmental partners and directly interferes with the administration of federal immigration law.”

Abbott issued an executive order Wednesday that said “no person, other than a federal, state, or local law-enforcement official, shall provide ground transportation to a group of migrants who have been detained by CBP” or Customs and Border Protection.

The order also directed the Texas Department of Public Safety to stop any vehicle that they believe could be transporting migrants.

On Thursday, Attorney General Merrick Garland in a letter called on Abbott to “rescind” the order. If he didn’t, Garland said, he “intends to pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government.”

Biden Administration has started flying some migrants back to home country as part of new expedited removal policy

Abbott issued a statement in response to the lawsuit Friday eveningsaying that his actions were within his authority as governor.

“As the Governor of Texas, I have a responsibility to protect the people of Texas—a responsibility that grows more urgent by the day while the Biden Administration sits on the sidelines,” Abbott said. “…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.”

first flights deporting certain families began Friday.

Reach Rebecca Morin at Twitter @RebeccaMorin_

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