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 21-30 of 63

  • Robert White

    08/04/2021 02:08 PM

    This regime is showing the world that it cares more for illegals than CITIZENS! It's all about Control, and staying in power.
    God and history will not look kindly on this!

  • Ed Hatosy

    08/04/2021 02:02 PM

    Hey Gov. what do you want to bet that the majority of these bussed and dispersed immigrants are being shipped to RED STATES. In this fashion they will garner the votes and infect the reds as well, thus making the red governments look bad for their handling of the "pandemic".
    I think a "reasonable" fix would be for Texas to turn these busses around, drive the illegals back to the border, unload 'em, put 'em back on the south side, then burn the busses to the ground. The lack of transport, plus the financial stress it will put on the contractors ought to do the trick, at least for a while. BTW, I thought Texas was going to put the wall up themselves. Wassup with that?

  • Randy Martin Pochel

    08/04/2021 01:20 PM

    A fully lawless regime. No other word for it. Talk about twisting in knots the law to suit you own needs.
    As I have said before, we are running out of options. The LORD has sent out HIS army's to destroy the wicked. But sometimes with 300 men he routes an invader.
    Or will HE allow us to be destroyed.

  • Nancy McNeely

    08/04/2021 01:15 PM

    I am a proud Texan and support Gov. Abbot and our Tx Attorney General 100 per cent.
    And yes, I know the Socialists want to turn all votes to blue with all these million of people entering illegally into our country.
    Yet, I wonder…. Possibly…. Many of these immigrants have strong religious beliefs…. And who are against abortion….. possibly… I think…. Would all these immigrants become blue when they found out how the blue Socialists thought about getting rid of church and how the blue Socialists support abortion?
    Maybe our religious leaders need to make an effort to start reaching out to the immigrants and show them what our churches stand for in our country.
    Nancy E McNeely
    Canyon Lake, Texas

  • Jackie Childs

    08/04/2021 01:09 PM

    I live in Jacksonville, Fl., about 20 miles from Green Cove Springs. Green Cove is a small town with out any place for homeless people to get shelter. I understand that two buses pulled up to a Mexican restaurant about 6 o'clock in the morning and had everyone to get out. when the buses were empty the drivers gave each one a $100 bill and drove off. I was told that some of them wandered off and some of them just sat on the curb, Several of the illegals had to be transported to the hospital because they tested positive for Covid. The person said that now the Sheriff is saying this did not happen. I did not see this but I am not surprised if this happened because I feel that our "leaders" are trying to keep the virus infecting as many of the citizens as they can and maybe kill off as many as possible. May God forgive me if I am wrong.

  • Max L Kranz

    08/04/2021 01:08 PM

    We have rights; Life ,Liberty and the pursuit of happiness. Whenever any form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it. Mike is this where we are headed? Illegal immigration (as the Left is conducting) is a direct assault on our Safety and Health. We pay the Government to protect us, if they don't We the People Must!!!

  • MR JAMES R BUCHTEL

    08/04/2021 12:55 PM

    This country better wake up before there is "NO country under GOD!"

  • Steve Hildreth

    08/04/2021 12:40 PM

    I have no problem with the Fed controlling immigration.
    I have a huge problem with them not controlling illegal immigration.
    I have a heart for those showing up on the border, especially the juveniles. It seems the lucky ones are those that get caught.
    Just my thought but illegal is illegal, isn't it?

  • Russell Griffin

    08/04/2021 12:34 PM

    As long as there are registered Democrats voters supporting Biden, the Covid virus will grow. I hope to live to see this country Red with Republicans and a government ruling for support for our country's economic health and military strength.

  • Colette Smartis

    08/04/2021 12:34 PM

    I live in Texas and I can’t tell you how angry this makes me! We should have a wall!! If Biden wants illegals so badly, why doesn’t he have them bussed to Delaware or DC or Martha’s Vineyard? Don’t want them here and don’t want to pay for them. I’m tired of paying for everyone. What about the fact that they’re cheating the people who want to come here legally?

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.”

Leave a Comment

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Comments 21-30 of 63

  • Robert White

    08/04/2021 02:08 PM

    This regime is showing the world that it cares more for illegals than CITIZENS! It's all about Control, and staying in power.
    God and history will not look kindly on this!

  • Ed Hatosy

    08/04/2021 02:02 PM

    Hey Gov. what do you want to bet that the majority of these bussed and dispersed immigrants are being shipped to RED STATES. In this fashion they will garner the votes and infect the reds as well, thus making the red governments look bad for their handling of the "pandemic".
    I think a "reasonable" fix would be for Texas to turn these busses around, drive the illegals back to the border, unload 'em, put 'em back on the south side, then burn the busses to the ground. The lack of transport, plus the financial stress it will put on the contractors ought to do the trick, at least for a while. BTW, I thought Texas was going to put the wall up themselves. Wassup with that?

  • Randy Martin Pochel

    08/04/2021 01:20 PM

    A fully lawless regime. No other word for it. Talk about twisting in knots the law to suit you own needs.
    As I have said before, we are running out of options. The LORD has sent out HIS army's to destroy the wicked. But sometimes with 300 men he routes an invader.
    Or will HE allow us to be destroyed.

  • Nancy McNeely

    08/04/2021 01:15 PM

    I am a proud Texan and support Gov. Abbot and our Tx Attorney General 100 per cent.
    And yes, I know the Socialists want to turn all votes to blue with all these million of people entering illegally into our country.
    Yet, I wonder…. Possibly…. Many of these immigrants have strong religious beliefs…. And who are against abortion….. possibly… I think…. Would all these immigrants become blue when they found out how the blue Socialists thought about getting rid of church and how the blue Socialists support abortion?
    Maybe our religious leaders need to make an effort to start reaching out to the immigrants and show them what our churches stand for in our country.
    Nancy E McNeely
    Canyon Lake, Texas

  • Jackie Childs

    08/04/2021 01:09 PM

    I live in Jacksonville, Fl., about 20 miles from Green Cove Springs. Green Cove is a small town with out any place for homeless people to get shelter. I understand that two buses pulled up to a Mexican restaurant about 6 o'clock in the morning and had everyone to get out. when the buses were empty the drivers gave each one a $100 bill and drove off. I was told that some of them wandered off and some of them just sat on the curb, Several of the illegals had to be transported to the hospital because they tested positive for Covid. The person said that now the Sheriff is saying this did not happen. I did not see this but I am not surprised if this happened because I feel that our "leaders" are trying to keep the virus infecting as many of the citizens as they can and maybe kill off as many as possible. May God forgive me if I am wrong.

  • Max L Kranz

    08/04/2021 01:08 PM

    We have rights; Life ,Liberty and the pursuit of happiness. Whenever any form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it. Mike is this where we are headed? Illegal immigration (as the Left is conducting) is a direct assault on our Safety and Health. We pay the Government to protect us, if they don't We the People Must!!!

  • MR JAMES R BUCHTEL

    08/04/2021 12:55 PM

    This country better wake up before there is "NO country under GOD!"

  • Steve Hildreth

    08/04/2021 12:40 PM

    I have no problem with the Fed controlling immigration.
    I have a huge problem with them not controlling illegal immigration.
    I have a heart for those showing up on the border, especially the juveniles. It seems the lucky ones are those that get caught.
    Just my thought but illegal is illegal, isn't it?

  • Russell Griffin

    08/04/2021 12:34 PM

    As long as there are registered Democrats voters supporting Biden, the Covid virus will grow. I hope to live to see this country Red with Republicans and a government ruling for support for our country's economic health and military strength.

  • Colette Smartis

    08/04/2021 12:34 PM

    I live in Texas and I can’t tell you how angry this makes me! We should have a wall!! If Biden wants illegals so badly, why doesn’t he have them bussed to Delaware or DC or Martha’s Vineyard? Don’t want them here and don’t want to pay for them. I’m tired of paying for everyone. What about the fact that they’re cheating the people who want to come here legally?