The order, issued last Wednesday, was framed as a public health measure to address COVID-19, which is growing in Texas amid protests over Abbott’s new mask mandates or requirements for vaccines. The Justice Department filed suit two days later.
The DOJ accused the order – in which Abbott directed state troops to stop vehicles suspected of carrying migrants issued recently – violates the Constitution’s supremacy clause, which establishes that That federal laws precede state laws and regulations.
The lawsuit alleges that Abbott’s order “endangers the safety of noncitizens in federal custody, the safety of federal law enforcement personnel and their families, and increases the spread of COVID-19 in our communities.” The department additionally filed an emergency request for a court order that would immediately halt the enforcement of Abbott’s order.
Judge Kathleen Cardone, who was appointed by President George W. Bush, said on Tuesday that the federal government is “likely to take effect” on its claims that the order violates the supremacy clause and found that the executive order would allow the United States and the United States. cause “irreparable damage”. Individuals whom America is accused of protecting.
The temporary stay order will be in effect till August 13.
Abbott’s office said in a statement that it looked forward to defending the order in court, arguing that it was issued “in an effort to prevent the spread of COVID-19 in Texas and protect the health and safety of Texas Was.”
Abbott’s order directed the Texas Department of Public Safety to stop vehicles that, under “reasonable suspicion,” appear to be carrying immigrants who have been released from custody after crossing the border illegally . It empowered the state authorities to reroute those vehicles or even confirm that they were carrying migrants. Federal and state law enforcement are exempted under the order.
In its court filings, the Biden administration said Abbott’s order would have “tremendous consequences” and “could be expected to cause conflict between DPS and federal personnel, contractors and partners relocating noncitizens, who There is an important immigration function.”
This story has been updated with additional details.