The Golden Hammer Staff Reports
Austin and El Paso, July 30 – The federal government filed suit against the State of Texas and Governor Greg Abbott late this afternoon in the United States District Court for the Western District of Texas, El Paso Division, over Texas Governor Greg Abbott’s Executive Order not to permit transportation of illegal aliens with the China Virus by anyone other than law enforcement officials. The lawsuit, styled United States of America versus The State of Texas and Greg Abbott, in his official capacity as Governor of Texas, is under case number 3:21-cv-173, begins as follows, and makes clear that its purpose is to protect illegal aliens over and above the safety and welfare of Texans who also happen to be American citizens
“No State may obstruct the Federal Government in the discharge of its constitutional responsibilities. But on July 28, 2021, the Governor of the State of Texas issued an executive order purporting—“effective immediately”—to restrict who may lawfully provide ground transportation in Texas to certain groups of migrants who have been detained by the Federal Government pursuant to U.S. immigration authorities or are otherwise subject to certain Federal authorities.
“The United States brings this suit to challenge the executive order, attached hereto as Exhibit A, which is described as “executive order No. GA-37 relating to the transportation of migrants during the COVID-19 disaster” (executive order).
“The executive order violates the Supremacy Clause and causes injury to the United States and to individuals whom the United States is charged to protect, jeopardizing the health and safety of noncitizens in federal custody, risking the safety of federal law enforcement personnel and their families, and exacerbating the spread of COVID-19 in our communities. The executive order obstructs the Federal Government’s arrangements with nongovernmental partners and directly interferes with the administration of federal immigration law.
“This Court should declare the executive order to be invalid and enjoin its enforcement.”
Governor Abbott today issued a statement after U.S. Attorney General Merrick Garland announced that the Biden administration filed the lawsuit over Executive Order GA-37, which restricts the transportation of unlawful migrants in Texas due to COVID-19:
“The Biden Administration has created a constitutional crisis between the federal government and the State of Texas. This stems from the Biden Administration’s refusal to enforce immigration laws and allow illegal immigrants with COVID-19 to enter our country. As our communities are overrun and overwhelmed by the record-high influx of migrants, cartels and smugglers profit off the chaos. Not only that, but this crisis also extends beyond the border as deadly drugs like fentanyl infiltrate our communities. This already dangerous situation continues to deteriorate as the Biden Administration knowingly imports COVID-19 into Texas from across the border—willfully exposing Texans and Americans alike. President Biden has a duty and a responsibility to protect and uphold our nation’s sovereignty, yet he has long-since abdicated his authority to do so.
“As the Governor of Texas, I have a responsibility to protect the people of Texas—a responsibility that grows more urgent by the day while the Biden Administration sits on the sidelines. I take very seriously my duties and responsibilities as the Governor of the State of Texas. I have the authority, and duty, under the constitutions of the United States and of Texas to protect Texans and our nation. I also have the authority under long-established emergency response laws to control the movement of people to better contain the spread of a disaster, such as those known to have COVID-19. My duty remains to the people of Texas, and I have no intention of abdicating that.
“Until President Biden and his Administration do their jobs to enforce the laws of our nation and protect Americans, the State of Texas will continue to step up to protect our communities and uphold the rule of law.
“The Biden Administration is knowingly admitting hundreds of thousands of unauthorized migrants, many of whom the federal government knows full well have COVID-19. To be clear, the Biden Administration is knowingly importing COVID-19 into Texas from across the border and knowingly exposing Texans and Americans to that disease. While the Biden Administration is openly pondering looming shutdowns and mandates on U.S. citizens to control the spread of COVID-19, at the same time the Administration is knowingly worsening the problem by importing COVID-19 at extreme rates.”
Texas Attorney General Ken Paxton, who will defend the lawsuit on behalf of the State of Texas, issued this statement:
“Until the Biden administration abandoned its duty to secure the border, Texans faced little threat to their public health from wave upon wave of illegal immigration at our southern border. It’s specifically because of this abdication that I sued this Administration on behalf of the State of Texas – one of my five border-related lawsuits. To help with the problem, Governor Abbott released a much-needed (and perfectly legal) Executive order that keeps Texans safe.
“Mere moments ago, the Feds sued Texas, demanding the Order be thrown out. Not on my watch! Texas won’t back down. I will defend Governor Abbott’s order in court and we will work together to keep President Biden out of Texas’ business.”
There is no trial or hearing date for the lawsuit yet.