Justice Department threatens Texas with legal action over COVID-19 migrant order

Washington Examiner ^ | July 29th, 2021 | by Jeremy Beaman

[Mariner]

Attorney General Merrick Garland urged Texas Gov. Greg Abbott to withdraw the “dangerous and unlawful” executive order he instituted on Wednesday aimed at restricting the transport of illegal migrants in Texas who may have COVID-19.

Garland said Abbott’s order, which provides that “no person, other than a federal, state, or local law-enforcement official, shall provide ground transportation to a group of migrants,” cannot be lawfully enforced. He threatened to take legal action against Texas if the Republican governor doesn’t withdraw the order.

“The order would jeopardize the health and safety of noncitizens in federal government custody, federal law enforcement personnel and their families, and our communities,” Garland told Abbott in a letter Thursday, also saying Texas can’t enforce the order against federal officials or private organizations working with the federal government.

[Mariner]

Let's go to court.

This one is easy.

Garland is not unlike the Northlandians with all his bluster and BS.

[Tx Angel]

Watch Abbott fold.

[The MAGA-Deplorian]

Now we know why Obama wanted this putz on SCOTUS.

[A strike]

Correct response is the ‘bird’.

[Army Air Corps]

Ping.

[Revel]

Abbot should post a picture of a Texas Jail cell with Merrick Garland’s name posted above it. Captioned “come on down”.

[monkeyshine]

Thank goodness this jerk didn’t get on the USSC.

[monkeyshine]

Texas can’t enforce the order against federal officials or private organizations working with the federal government

Wanna bet? Get a law on the books that will fine every state resident $10,000 and a year in jail per incident for cooperating with the illegal smuggling of undocumented immigrants.

[jonrick46]

Governor Abbot wants to end the spread of the virus by infected border jumpers. This tells me that the use of the border jumpers is a way to spread the virus, is a deliberate effort by the Feds. What the Feds are doing is against the law. President Biden should be impeached for his part in it.

[monkeyshine]

Edit that: Unlawful human trafficking, period.

[The Antiyuppie]

“Wanna bet? Get a law on the books that will fine every state resident $10,000 and a year in jail per incident for cooperating with the illegal smuggling of undocumented immigrants. “

Interesting.

[GreyHoundSailor]

Hire a few hundred Sheriffs - they have the authority to boot feds out of their jurisdiction.

[Prince of Space]

Well if Joke mandates that all federal govt workers get vaccinated, then that solves that problem, doesn’t it? 🤣

[whitney69]

“The order would jeopardize the health and safety of noncitizens in federal government custody...”

Then let them go...on the south side of the border. If they come back, then they are not trying for anything but illegal entry and can be imprisoned for trespassing as Abbott has declared. Problem with the what the libs are trying to do is that as soon as they cross the border and enter privae property, the game changes.

The spread of border-related powers inland is inseparable from the broader expansion of government intrusion in the lives of ordinary Americans. For example, CBP claims the authority to conduct suspicionless searches of travelers’ electronic devices—such as laptops and cell phones—at ports of entry, including international arrivals at airports. Some states allow this, others don’t.

However, these areas, port of entry, are not private property and are subject to border POE restrictions. If it is not a federal crime they are acting on under title 10 and they are not under title 10 orders, they cannot act as law enforcement for the feds. The state has to do that. And anyone found trespassing on private property is their jurisdiction. And can be arressted by the guard under title 32 orders under the direction of the governor.

The fourth amendment guarantees protection from illegal search and seizure, but there is nothing that covers the arrest for civil crimes which deals with behavior that constitutes an injury to an individual or other private party. That falls under states’ rights and the feds having nothing to say about it. An example is the arrest of people in Portland trying to set fire to a federal government building. by border patrol. If it had been the corner market, the feds would have had no jurisdiction. The street runs two ways.

Wy69

[Dr. Franklin]

Let's go to court.
This one is easy.
Garland is not unlike the Northlandians with all his bluster and BS.

If the governor's order pertains to travel within the state of Texas, he is on very solid legal ground with health and safety concerns. Interstate travel, however, is regulated by the federal government according to the Constitution. In short, Garland's objection is that states have no right to regulate or interfere in the interstate travel of illegal immigrants once they have successfully infiltrated U.S. borders. As strange as it sounds, CJ Roberts may concur that people who have no legal right to be here, who may well have broken the law to get here, have the legal right to interstate commerce.

[Sequoyah101]

Those powers not enumerated to the feral giverment are for the states or something like that. Basically it means to tell the feds to FO.

I hope Texas sticks with it.

The feds are stupid. I’d say they are wasting money and time but neither matter to them.

[MadMax, the Grinning Reaper]

So Garland was a closet Marxist all along! Who knew? “The Shadow knew” but no one listened.

[SteveH]

although if private intrastate travel is any precondition to interstate travel, then imho common sense dictates that the illegals have a right to interstate commerce only if they can legally exercise all legally imposed preconditions to exercising such rights. iow, reasons matter.

[usnavy_cop_retired]

This is what I wrote yesterday about this:

“

IANAL, however I would expect the DHS to petition for an emergency stay at which time, if it is granted, Texas will petition the appeals court to reverse the stay, which I predict they will grant. If DHS wants to test the case at the USSC level they will ask for an emergency stay from the USSC of the appeals court reversal. We will know soon how this will play out since Texas is already arresting illegals for trespassing and , now, with the travel order, (and Abbott’s willingness to push through with it), DHS will need to act quickly to stop Arizona and New Mexico following his lead.

This could be a whirlwind.”

I also wrote this yesterday:

“

Actually it would appear that all the latest moves by Abbott is setting up a federal court fight with the DHS/DOJ etc. Think of it this way; so far the local sheriffs and courts are backing Abbott. The DHS either lets this fly without interference, (highly doubtful), or they take him to court. The fifth circuit is conservative friendly and any decision against DHS will likely also be confirmed by the Appeals Court. This, then could become a nationwide order to stop and an order to follow the constitution, (take Care clause), and the 10th amendment, (which the USSC has been unwilling to enforce, (up to now, but Thomas has expressed a willingness to rule on cases that have 10th amendment implications).

What is DHS going to do? File a suit against Texas for enforcing trespassing laws and using an emergency declaration denying travel of persons known or suspected to be infected/carrying Covid 19? Especially since DHS is knowingly releasing Covid 19 positive illegal aliens into the sovereign state of Texas, which then increases the Covid 19 positive rate for the state and causes Texas to have to expend funds to test, track and treat these illegal aliens along with the high potential of them infecting Texas citizens with a highly contagious and potentially deadly virus.”

So far the DOJ/DHS are responding as I predicted. This will be popcorn time.

[NativeSon]

Time to start eliminating the illegals ourselves.