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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.)

Jim Parker

Jim Parker is the Director of Digital Content for ABC-7.

JC Navarrete

El Paso native JC Navarrete co-anchors ABC-7’s weekend newscasts and reports during the week.

Comments

69 Comments

      1. It doesn’t matter. It’s a public health matter. According to the democrats states can do whatever they in the name of COVID. Too bad.

      2. Charlie Dumbo full of b.s. as usual. Follow the law? Not in the Western District of Texas. Judge David Briones is a Democrat hack. He got recently reversed by the 5th. Do some research before putting your foot in your mouth nitwit.

      3. “irreparable harm” and went against the “public interest.”
        Since when is disobeying the law irreparable harm and against public interest? Are we a third world country now?

          1. It no longer matters. Its a public health issue so he can do what he wants. The democrats have set the precedence with their scamdemic. Too bad.

      1. That’s ok char liar doo doo. Read this: Trump big winner, progressives big losers in twin Ohio congressional primaries. Hope you hear the steps coming up on you and your Nazi comrades. Your time is limited.

  1. I am glad of two things, one is that Garland never made it to the Supreme Court, and two, that I retired when I did. I would be ashamed to have to say that I worked for him.

      1. According to the democrats state and federal governments can do whatever they want in the name of public health due to the China Virus.

  2. I bet the troopers are loving abbot. Lol. Using them like cheap mules. No more pretty unis and flawless hats. Lol. A trabajar putos!

  3. Troopers, just remember…….you have a bunch of disability malingerers and fake military injury recipients cheering you on!!! Oooooraaaahhhh! Work!

  4. I repeat: “irreparable harm” and went against the “public interest.”
    Since when is disobeying the law irreparable harm and against public interest? Are we a third world country now? So Americans just need to bend over and let criminals invade our country and let the dogs come in here and take over?

    1. 😂😂😂😂😂😂😂! Trump Hillbillies should be the one’s who should be stopped by State Troopers and asked if they are White Supremacist Bigots. Bet 99.9% of them would be guilty!!!

        1. Your momma smuggled you in from Nazi Germany. Didn’t she ever tell you? Now you know. She smuggled you past the Immigration officers in an old suitcase that Hitler gave her for being a member of the Nazi party. Heil Hitler!

          1. Since you came in from Africa as a slave shouldn’t you be cleaning my toilets now? Or are you too busy earning minimum wage at denny’s with alberto, uxcrement?

          1. Alberto has a one track mentally diseased mind that all his psycho personalities share. They all share the same Mango Mussolini Syndrome aka TDS and racism.

  5. MierDave can’t help being an old Hillbilly trash descendant. His Great Grannpappy voted against Lincoln so he could keep his slaves in his farm to do all the work!!

    1. The last bad decision by an El Paso Federal Judge was reversed by the 5th Circuit Court of Appeals. Counting your chickens before they hatch nitwit.

    1. Health crisis. “Put on a mask and shut up”. Don’t you remember that? Now it’s “Don’t illegally cross the border with your diseases and shut up”.

      1. Ok. Then don’t Illegally try to overthrow the Government with ill-fated Insurrections and then blame the government officials for the crime. That’s like saying that the chickens left the coop open so the Fox could come by later and eat them. There are worse things the government has to worry about than an an immigrant who wants to come over and work on our farms for next to nothing in wages.

        1. That was what….100 people? We are talking about 10’s of thousands of China Virus infected people invading our country. THATS the insurrection.

          1. It’s the Intent that matters! Immigrants want a better life and to become a part of this Country, not to overthrow it!

          1. Poor little maga. The mean old immigrants want to give you an Ouchy? Shame on them.

    1. That’s ok uxcrement. Read this and start packing your bags to kenya: Trump big winner, progressives big losers in twin Ohio congressional primaries. Just the start uxcrement. Just the start.

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