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August 4, 2021
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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 1-10 of 63

  • William E Jones

    08/05/2021 09:49 PM

    The DOJ is pushing against a border governor who is trying to stop illegal aliens from entering our country through his state, is this the DOJ from Mexico, because we surely don't have a DOJ in America and haven't for 10 to 15 years now. We do have a political corrupt upper echleon group of FBI and CIA and military, and that is fact. A lying General Mark Miley who says his oath is to the Constitution and not to politicians in power but then he allows and over run and flood of foreign people to come waltzing across our border, which is an invasion of our country of foreign individuals from everywhere in the world. How do we not know that many of these are plain clothes military invading into this country to set up and provide military advantage in an attack to come soon. 500,000 of these more than a million that have come across could easily be this very thing. Still say Biden and his administration are in collusion with the cartels. This is a sad disappointing thing.

  • Margaret Johnson

    08/05/2021 03:27 PM

    I’ve sent other comments and I’ve tried my darndest to be civil because I do believe that Jesus Christ IS MY Lord and Savior, but there is a limit that I can remain civil.
    The Texas Governor & AG need to stand firm against these radical Dums! They’re out of control and if we don’t stand for the principles this GREAT Country was founded on then we and it WILL fall.
    Stand true and fast Patriots! In Jesus name! ??????

  • Cary Sowles

    08/05/2021 11:33 AM

    My thoughts concerning the DNC and the Biden administration is 'consider the source' and read REVELATION 22:11.

    Thank you

  • Jane Barger

    08/05/2021 10:08 AM

    Accountability is dead in the USA! The President simply ignores federal immigration law and there is no consequence? I know “ignoring” has been a favorite game of the Democrat party for many years ……although we now have a
    Deadly virus that is being spread over the land with no end in sight because our smartest and brightest legal eagles can’t find a legal way to stop this? A daily list of the destinations of COVID carrying migrants should be published so that Americans know and can plan for care and protest when they arrives. The Dems
    Also thrive on secrets. And……where are the Republican Senators and Reps shouting loudly about the treatment and danger to their constituents? Even trying to bring Biden’s and others impeachment to the floor is worth it - and you can bet the Dems would be pulling every trick in the book if shoe on their foot. Ugh…..an 80 year old patriotic American - that’s me - who is disgusted and terrified for her children, grand and great! Thanks for the platform - and keep up the fight…..

  • Jane Barger

    08/05/2021 10:06 AM

    Accountability is dead in the USA! The President simply ignores federal immigration law and there is no consequence? I know “ignoring” has been a favorite game of the Democrat party for many years ……although we now have a
    Deadly virus that is being spread over the land with no end in sight because our smartest and brightest legal eagles can’t find a legal way to stop this? A daily list of the destinations of COVID carrying migrants should be published so that Americans know and can plan for care and protest when they arrives. The Dems
    Also thrive on secrets. And……where are the Republican Senators and Reps shouting loudly about the treatment and danger to their constituents? Even trying to bring Biden’s and others impeachment to the floor is worth it - and you can bet the Dems would be pulling every trick in the book if shoe on their foot. Ugh…..an 80 year old patriotic American - that’s me - who is disgusted and terrified for her children, grand and great! Thanks for the platform - and keep up the fight…..

  • lolita Wilson

    08/05/2021 08:01 AM

    Many of us in other states Praise Gov Abbott's gumption, to stand up for those whom he's elected to protect! Many of have tried to "breakthrough the earwax" of our Governors in BLUE STATES like MI. To not be a sanctuary state and stop accepting people coming here causing our infection numbers to rise! But that "earwax is like cement! " Comrad is not hearing or more to the point ignoring those " dissenting voices" that go against her & dems tyrannical plans for power grab and the money ball!

  • Keith Nation

    08/05/2021 07:13 AM

    If the Biden administration is so determine to allow imagrants into the southern border then it should be set up like Ellis island was and vaccines administred as they come across the border. This still by no means that I approve of what is happening at the border.

  • Richard Stotlar

    08/05/2021 06:54 AM

    Joe Biden should be impeached for not upholding the oath that he took to abide by the constitution and follow current US laws with respect to immigration. He and the socialist democrats are in the process of destroying this country. As Mark Levin said “where are the Republicans” ? why the heck aren’t they being more outspoken with regard to what Biden and his goons are doing to this country? The Republicans are weak and should be outraged at what he has done in the past 6 months. Where is Mitch McConnell, Romney, Cassidy, Portman etc ?They are a disgrace too thinking that they can negotiate with Biden and his communist thugs. Everything is out of control: crime, the economy (inflation) national defense, patriotism and the southern border. The country is going down right before my eyes.

  • Lisa M Johnson

    08/04/2021 10:06 PM

    It is pretty plain by now that the feds are looking for an excuse to send troops in to red states. We need to PRAY, PRAY, PRAY. Particularly I am praying for Governor Abbott to have supernatural wisdom to know how to respond in each and every incident.
    Thank you for your hard work in finding the REAL news for us! We appreciate it so much!

  • Lisa m Johnson

    08/04/2021 10:01 PM

    It’s pretty plain that the feds are looking for an excuse to send troops in to red states. We need to PRAY,PRAY, PRAY. Particularly at this point I am praying for Governor Abbott to have supernatural wisdom to know how to respond to each and every move they make against him.
    Thank you for all your hard work in curating the news for us!