Pull Over?

Texas’ Order to Pull Over Vehicles Carrying Migrants Likely Violates the Constitution, Judge Rules

A federal judge on Tuesday dealt an important blow to Texas Governor Greg Abbott’s flawed plan to stop migrants from entering and traveling through Texas.

Governor Abbott issued an executive order on July 28 that prohibited anyone other than law enforcement officials from transporting people who had been detained by U.S. Customs and Border Protection (CBP). The order also authorized Texas Department of Public Safety officers to stop anyone they believed was violating this order and impound their vehicle.

The U.S. Department of Justice (DOJ) swiftly sued the State of Texas to stop the order from taking effect. U.S. District Judge Kathleen Cardone’s decision granting a temporary restraining order (TRO) states that the DOJ is likely to win the lawsuit that seeks to revoke Gov. Abbott’s executive order because it conflicts with federal law and violates the U.S. Constitution by regulating the operations of the federal government. The TRO, which stops Texas from implementing the order while the lawsuit continues, will be in effect at least until August 13. The parties will then go back to court for a more extensive presentation of the facts. But this decision does not bode well for Gov. Abbott.

In its complaint, the DOJ explains exactly how Gov. Abbott’s order conflicts with the federal government’s operations at the U.S.-Mexico border.

Congress has given the federal government—not the states—the power to oversee the administration of federal immigration laws. This power includes the authority to arrest, detain, remove—and when needed—transport noncitizens.