El Paso federal judge blocks migrant stops by Texas troopers

UPDATE, Aug. 3: A federal judge in El Paso on Tuesday granted a temporary restraining order prohibiting Texas Gov. Greg Abbott from carrying out plans to have state troopers stop vehicles suspected of carrying migrants.

In siding with the federal government, U.S. District Judge Kathryn Cardone found Abbott's order posed "irreparable harm" and went against the "public interest."

The judge scheduled an Aug. 13 court date at which time she will consider the U.S Justice Department's request for a preliminary injunction in the case. Below is a copy of the court's decision.

UPDATE, Aug. 2: U.S. District Court in El Paso held a Monday afternoon hearing on the federal government's request for a temporary restraining order and preliminary injunction to block Texas Gov. Greg Abbott's order directing state troopers to stop vehicles suspected of carrying migrants.

Following a 90-minute hearing on the request, the judge in the case adjourned for the day and said she would issue a ruling on Tuesday.

Abbott’s order tells Texas Department of Public Safety (DPS) troopers to “stop any vehicle upon reasonable suspicion” that it provides transportation to migrants on grounds that they may spread Covid-19.

The U.S. Justice Department filed suit last week contending that the state is "disrupting federal immigration operations" and called Abbott's order both “dangerous and unlawful.”

The federal government's legal action escalates tensions between the Biden administration and Abbott over the governor’s actions on the border, which have included jailing migrants on state crimes and building new barriers.

ORIGINAL REPORT, July 31: EL PASO, Texas — The Biden administration sued Texas late Friday to prevent state troopers from stopping vehicles carrying migrants on grounds that they may spread Covid-19, warning that the practice would exacerbate problems amid high levels of crossings on the state’s border with Mexico.

The U.S. Justice Department asked for an immediate block on Gov. Greg Abbott’s order issued Wednesday, which allows the Texas Department of Public Safety to “stop any vehicle upon reasonable suspicion” that it transports migrants. Troopers could then reroute vehicles back to their point of origin or impound them.

The lawsuit, filed in federal court in El Paso, mirrors a letter that U.S. Attorney General Merrick Garland sent the governor a day earlier, arguing that the state was usurping and even interfering with the federal government’s responsibility to enforce immigration laws.

Abbott, a Republican who is facing reelection next year, wrote Garland on Friday to argue that the federal government was interfering with his obligations to protect Texas residents.

”It is clear from the arguments in your letter that the State of Texas and the federal government face a constitutional crisis,” Abbott wrote.

The lawsuit escalates tensions between the Biden administration and Abbott over the governor’s actions on the border, which have included jailing migrants on state crimes and building new barriers.

For months, the two-term governor has sought to claim former President Donald Trump’s hardline mantle on immigration, inflaming passions on a polarizing issue. Civil rights groups and immigration advocates have said Abbott’s move for troopers stop vehicles could invite racial profiling and restrict the ability of shelters to take in newly arriving families.

Declarations submitted with the lawsuit offered fresh evidence of large numbers of migrants showing up at the border with Mexico, with senior officials warning that the governor’s order could significantly impede transportation and other federal operations.

The Border Patrol’s Rio Grande Valley sector, the busiest corridor for illegal crossings, had more than 8,300 migrants in custody Wednesday, with an average processing time of 57 hours, said Brian Hastings, the sector chief. The sector has released more than 100,000 migrants since Oct. 1, including 9,000 in the last week.

The U.S. Homeland Security Department reported that 646 children traveling alone were taken into custody across the Mexico border on Thursday, compared with a daily average of 480 over the previous 30 days.

(The Associated Press contributed to this report.)