August 4, 2021
|

For the last couple of days, we’ve been following Texas Gov. Greg Abbott’s attempt to stop contractors hired by the federal government from transporting “noncitizens” (illegals) from the border to other parts of Texas, where those infected with COVID-19 can spread it throughout the state and beyond. The case was presented on Monday before the U.S. District Court in El Paso, and the feds won this round, obtaining a temporary restraining order against Abbott. LEGAL INSURRECTION has a very good analysis of what took place, by William A. Jacobson.

https://legalinsurrection.com/2021/08/court-issues-temporary-restraining-order-halting-texas-illegal-migrant-transport-ban/

Gov. Abbott had signed Executive Order GA-37 to minimize the “potentially catastrophic effect on public health in Texas” caused by the confluence of the migrant crisis and the pandemic. Texas was facing two surges at the same time: a COVID-19 surge and an illegal immigration surge, and he had to do something to protect the citizens of his state. There is precedent for his standing up to the federal government in such a situation, in the case of Jacobson v. Commonwealth of Massachusetts: “Upon the principle of self-defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.”

But the DOJ sued, claiming the Texas order infringed on federal control of immigration. Here are the details, also from William Jacobson, including the full texts of the order from Gov. Abbott, AG Garland’s complaint, and a letter sent by Abbott in response, helpfully suggesting some actions the Biden administration could take to avoid a “constitutional showdown.” But such a showdown seems to be exactly what they want.

https://legalinsurrection.com/2021/07/doj-sues-texas-to-continue-private-transport-of-illegal-migrants-despite-covid-risks/

One of those suggestions was to “simply enforce the existing federal immigration laws and stop admitting migrants who are not authorized by Congress to be admitted. That would substantially reduce the importation of COVID-19 while also fulfilling the government’s role to faithfully execute the laws of the United States.” Seems simple enough. Of course, we know that this is not President Biden’s goal at all, or he would do it.

“How much does the Biden administration love the illegal migration taking place at the southern border?” Jacobson asks. “Biden has encouraged people to come here illegally, and to send their children here illegally in dangerous conditions, by offering a de facto sanctuary nation. So important is protecting this migration to the Biden administration that it trumps the fight against the coronavirus pandemic.”

With that last sentence, Jacobson nails the reason for this whole mess: twisted, toxic politics. We see quite clearly what this administration's actual priorities are, and it’s infuriating. We’ve done our part for a year and a half with the masks and distancing and social isolation and kids at home and business-crushing lockdowns and now shots, only to see that those in charge, in the end, care nothing for our safety. That’s a strong statement, I know, but it’s obviously much more important to them to bus in illegal immigrants by the hundreds of thousands from a part of the world where the virus is rampant. Come on in, healthy or sick, the Biden administration tells its new “noncitizens”; Biden and his Justice Department want you here so much that they’re willing to let you spread the virus from sea to shining sea if you happen to be infected. They just know you’ll vote Democrat, and they want you to keep pouring in till the country is solid blue.

Jacobson finds the federal government’s argument presented Monday to be without merit. The U.S. government, he says, “seeks to judicially nullify GA-37 through a blunderbuss and sweeping application of preemption and intergovernmental immunity.”

[From Oxford Dictionaries –- blun-der-buss (noun) an action or way of doing something regarded as lacking in subtlety and precision: “economists resort too quickly to the blunderbuss of regulation”]

So Attorney General Merrick Garland is using a big ol' blunderbuss to keep Gov. Abbott from protecting the people of his state from the rampant spread of COVID-19. And so far, it’s working. A DOJ lawyer argued that Abbott’s order would disrupt a network of government-paid contractors transporting migrants and cause a backup --- “chaos.” You know what’s already causing chaos? Biden’s border policy.

The next step now is for Texas Attorney General Ken Paxton to file responsive papers, in which he’ll acknowledge that, yes, the feds control immigration but will then argue that their non-enforcement of federal law is creating a health crisis in Texas. This is not an attempt to regulate immigration but to regulate public health during a pandemic. Also, the reasoning goes, there is no infringement on federal immigration because Texas isn’t deporting people. To put it another way, they’re just “stopping the spread,” as we can’t stop the spread of COVID without stopping the spread of migrants who carry it.

In a statement on July 30, Paxton accused the Biden administration of abandoning its duty to safeguard the border and vowed to protect Gov. Abbott’s executive order in court. He says he and the governor “will work together to keep President Biden out of Texas’ business.” We should all count ourselves as Texans in spirit today.

The temporary restraining order goes until 8AM on August 13, “or until such later date as may be extended by the Court or agreed upon by the parties.” That's the specific date and time set for the hearing on the request for a preliminary injunction against Gov. Abbott’s order. In the meantime, presumably the buses will continue to run.

Jacobson agrees that Biden’s malfeasance is “outrageous,” but he says Texas still has “an uphill fight.”

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Comments 11-20 of 63

  • Stephen Borchelt

    08/04/2021 07:24 PM

    When will the Republicans join forces to make a stand against the politically corrupt Biden, his so-called vice-president, and the DOJ? Top priority: time to call for the impeachment of Kamala Harris for gross neglect of duty. Start with her. It's about time!

  • Leslie Smith-Lee

    08/04/2021 06:56 PM

    The left wants the radical open border as a platform to influence voters... especially the ones who are illegal immigrants. The sheer thousands and thousands of illegal immigrants offered the open hand of the Biden administration will more than "trump" the votes of law abiding Republicans at the polls. No matter that the Dems who are now sorry they voted for Biden...'cause even if they truly see the light now, their votes will no longer matter. Their votes cannot stem the wave of illegal voters who were bought with the price of Texas and other states now forced to accept the illegal immigrants. The Republicans will be shamed continually by the left for having such hard hearts.

  • Dennis Boardman

    08/04/2021 06:50 PM

    I feel so bad for what is happening to the citizens and state of Texas. How about taking all these bus loads of illegals with no vaccine and covid and dropping them off in Washington DC.

  • Michael

    08/04/2021 06:46 PM

    All INTENTIONAL by the EVIL power and control Demoncrats . . . and we are letting them destroy our nation!!! If we don't take our nation back soon it will be too late . . . and no hope in Republicans, the SCOTUS or our military to pursue treason charges and round up all those intentionally destroying our nation !! Sound too extreme . . . It shouldn't because the evil Dems and RINO'S are doing something DAILY to take over this nation via their goal of socialism-marxism-communism !! Americans are you going to wake up and get prepared before it's too late and we lose our nation ?

  • Bennie C Davis Jr

    08/04/2021 04:49 PM

    I can not believe that the DOJ is sticking there noses in a states business. When a Governor is trying to protect their state from the spread of COVID-19 that is being brought in from illegal immigrants what are you to do. I don't understand why the White House is getting involved with the way a Governor does business in his state. This Biden-Harris administration is a complete joke, always has, always will be. The people they have sitting in these positions aren't qualified to do the job, heck they couldn't find their way out of a paper sack even if they had a map. This country was doomed from day one when he was sworn in and it will continue to suffer until this administration is put out.

  • Jacquelyn Etchison

    08/04/2021 04:39 PM

    I appreciate all that Gov. Abbott is doing to secure our border. We are seeing a spike in Covid here (in Texas). Obviously the “President “ isn’t concerned about our health as much as he wants voters. Covid is spreading from grandchildren who went to (church) camps.

  • Joan Felton

    08/04/2021 02:45 PM

    Bus these people to DC, dump them out in front of congress...

  • Wauneta Hampton

    08/04/2021 02:33 PM

    Everything this administration has done is infuriating and this just adds to their “legacy”. I think Texas & other border states should help out on the busing. Straight to Washington DC! Drop them off at Congress and the White House as they are the ones wanting them. After 10-25 bus loads (or more) they just might begin to have a taste of reality.

  • Robert Elliott

    08/04/2021 02:19 PM

    The restraining order is outrageous. The judge must be liberal.

  • Jim Greer

    08/04/2021 02:09 PM

    I wonder if the knuckleheads at the DOJ would still think it’s wonderful idea to bus illegals all over the country if a significant percentage of them ended up in their (DOJ personnel) hometown?

August 4, 2021
|

For the last couple of days, we’ve been following Texas Gov. Greg Abbott’s attempt to stop contractors hired by the federal government from transporting “noncitizens” (illegals) from the border to other parts of Texas, where those infected with COVID-19 can spread it throughout the state and beyond. The case was presented on Monday before the U.S. District Court in El Paso, and the feds won this round, obtaining a temporary restraining order against Abbott. LEGAL INSURRECTION has a very good analysis of what took place, by William A. Jacobson.

https://legalinsurrection.com/2021/08/court-issues-temporary-restraining-order-halting-texas-illegal-migrant-transport-ban/

Gov. Abbott had signed Executive Order GA-37 to minimize the “potentially catastrophic effect on public health in Texas” caused by the confluence of the migrant crisis and the pandemic. Texas was facing two surges at the same time: a COVID-19 surge and an illegal immigration surge, and he had to do something to protect the citizens of his state. There is precedent for his standing up to the federal government in such a situation, in the case of Jacobson v. Commonwealth of Massachusetts: “Upon the principle of self-defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.”

But the DOJ sued, claiming the Texas order infringed on federal control of immigration. Here are the details, also from William Jacobson, including the full texts of the order from Gov. Abbott, AG Garland’s complaint, and a letter sent by Abbott in response, helpfully suggesting some actions the Biden administration could take to avoid a “constitutional showdown.” But such a showdown seems to be exactly what they want.

https://legalinsurrection.com/2021/07/doj-sues-texas-to-continue-private-transport-of-illegal-migrants-despite-covid-risks/

One of those suggestions was to “simply enforce the existing federal immigration laws and stop admitting migrants who are not authorized by Congress to be admitted. That would substantially reduce the importation of COVID-19 while also fulfilling the government’s role to faithfully execute the laws of the United States.” Seems simple enough. Of course, we know that this is not President Biden’s goal at all, or he would do it.

“How much does the Biden administration love the illegal migration taking place at the southern border?” Jacobson asks. “Biden has encouraged people to come here illegally, and to send their children here illegally in dangerous conditions, by offering a de facto sanctuary nation. So important is protecting this migration to the Biden administration that it trumps the fight against the coronavirus pandemic.”

With that last sentence, Jacobson nails the reason for this whole mess: twisted, toxic politics. We see quite clearly what this administration's actual priorities are, and it’s infuriating. We’ve done our part for a year and a half with the masks and distancing and social isolation and kids at home and business-crushing lockdowns and now shots, only to see that those in charge, in the end, care nothing for our safety. That’s a strong statement, I know, but it’s obviously much more important to them to bus in illegal immigrants by the hundreds of thousands from a part of the world where the virus is rampant. Come on in, healthy or sick, the Biden administration tells its new “noncitizens”; Biden and his Justice Department want you here so much that they’re willing to let you spread the virus from sea to shining sea if you happen to be infected. They just know you’ll vote Democrat, and they want you to keep pouring in till the country is solid blue.

Jacobson finds the federal government’s argument presented Monday to be without merit. The U.S. government, he says, “seeks to judicially nullify GA-37 through a blunderbuss and sweeping application of preemption and intergovernmental immunity.”

[From Oxford Dictionaries –- blun-der-buss (noun) an action or way of doing something regarded as lacking in subtlety and precision: “economists resort too quickly to the blunderbuss of regulation”]

So Attorney General Merrick Garland is using a big ol' blunderbuss to keep Gov. Abbott from protecting the people of his state from the rampant spread of COVID-19. And so far, it’s working. A DOJ lawyer argued that Abbott’s order would disrupt a network of government-paid contractors transporting migrants and cause a backup --- “chaos.” You know what’s already causing chaos? Biden’s border policy.

The next step now is for Texas Attorney General Ken Paxton to file responsive papers, in which he’ll acknowledge that, yes, the feds control immigration but will then argue that their non-enforcement of federal law is creating a health crisis in Texas. This is not an attempt to regulate immigration but to regulate public health during a pandemic. Also, the reasoning goes, there is no infringement on federal immigration because Texas isn’t deporting people. To put it another way, they’re just “stopping the spread,” as we can’t stop the spread of COVID without stopping the spread of migrants who carry it.

In a statement on July 30, Paxton accused the Biden administration of abandoning its duty to safeguard the border and vowed to protect Gov. Abbott’s executive order in court. He says he and the governor “will work together to keep President Biden out of Texas’ business.” We should all count ourselves as Texans in spirit today.

The temporary restraining order goes until 8AM on August 13, “or until such later date as may be extended by the Court or agreed upon by the parties.” That's the specific date and time set for the hearing on the request for a preliminary injunction against Gov. Abbott’s order. In the meantime, presumably the buses will continue to run.

Jacobson agrees that Biden’s malfeasance is “outrageous,” but he says Texas still has “an uphill fight.”

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Comments 11-20 of 63

  • Stephen Borchelt

    08/04/2021 07:24 PM

    When will the Republicans join forces to make a stand against the politically corrupt Biden, his so-called vice-president, and the DOJ? Top priority: time to call for the impeachment of Kamala Harris for gross neglect of duty. Start with her. It's about time!

  • Leslie Smith-Lee

    08/04/2021 06:56 PM

    The left wants the radical open border as a platform to influence voters... especially the ones who are illegal immigrants. The sheer thousands and thousands of illegal immigrants offered the open hand of the Biden administration will more than "trump" the votes of law abiding Republicans at the polls. No matter that the Dems who are now sorry they voted for Biden...'cause even if they truly see the light now, their votes will no longer matter. Their votes cannot stem the wave of illegal voters who were bought with the price of Texas and other states now forced to accept the illegal immigrants. The Republicans will be shamed continually by the left for having such hard hearts.

  • Dennis Boardman

    08/04/2021 06:50 PM

    I feel so bad for what is happening to the citizens and state of Texas. How about taking all these bus loads of illegals with no vaccine and covid and dropping them off in Washington DC.

  • Michael

    08/04/2021 06:46 PM

    All INTENTIONAL by the EVIL power and control Demoncrats . . . and we are letting them destroy our nation!!! If we don't take our nation back soon it will be too late . . . and no hope in Republicans, the SCOTUS or our military to pursue treason charges and round up all those intentionally destroying our nation !! Sound too extreme . . . It shouldn't because the evil Dems and RINO'S are doing something DAILY to take over this nation via their goal of socialism-marxism-communism !! Americans are you going to wake up and get prepared before it's too late and we lose our nation ?

  • Bennie C Davis Jr

    08/04/2021 04:49 PM

    I can not believe that the DOJ is sticking there noses in a states business. When a Governor is trying to protect their state from the spread of COVID-19 that is being brought in from illegal immigrants what are you to do. I don't understand why the White House is getting involved with the way a Governor does business in his state. This Biden-Harris administration is a complete joke, always has, always will be. The people they have sitting in these positions aren't qualified to do the job, heck they couldn't find their way out of a paper sack even if they had a map. This country was doomed from day one when he was sworn in and it will continue to suffer until this administration is put out.

  • Jacquelyn Etchison

    08/04/2021 04:39 PM

    I appreciate all that Gov. Abbott is doing to secure our border. We are seeing a spike in Covid here (in Texas). Obviously the “President “ isn’t concerned about our health as much as he wants voters. Covid is spreading from grandchildren who went to (church) camps.

  • Joan Felton

    08/04/2021 02:45 PM

    Bus these people to DC, dump them out in front of congress...

  • Wauneta Hampton

    08/04/2021 02:33 PM

    Everything this administration has done is infuriating and this just adds to their “legacy”. I think Texas & other border states should help out on the busing. Straight to Washington DC! Drop them off at Congress and the White House as they are the ones wanting them. After 10-25 bus loads (or more) they just might begin to have a taste of reality.

  • Robert Elliott

    08/04/2021 02:19 PM

    The restraining order is outrageous. The judge must be liberal.

  • Jim Greer

    08/04/2021 02:09 PM

    I wonder if the knuckleheads at the DOJ would still think it’s wonderful idea to bus illegals all over the country if a significant percentage of them ended up in their (DOJ personnel) hometown?