Governor Abbott says he won't back down from an executive order, even after US Attorney General asked the governor to roll the order back. Put into place earlier this week, it essentially restricts ground travel of migrants in Texas. Abbott contends they pose a risk of transmitting Covid-19.
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It allows DPS troopers to pull over vehicles suspected of carrying migrants. Those cars and trucks could be impounded or rerouted to the border or point of entry.
Dallas immigration attorney Eric Cedillo says this could easily lead to racial profiling. "You would have to assume that if they appear to be Latino or Hispanic or perhaps people of color, that may give rise to an interpretation they shouldn't be here, that they are illegal immigrants."
He says it's a real problem. "I think Merrick Garland is maintaining the state of Texas can't do what it's suggesting it wants to do, which is basically subsume the pre-emption by federal authorities to conduct immigration. He's right."
He says case law would support that non-governmental authorities can still work with the federal government. Otherwise, that would interfere with the federal supremacy clause. "I think if Merrick Garland goes to court to stop governor Abbott from implementing this edict, he will be successful."
He adds there are a number of organizations that are prepared to line up and fight the executive order, including the Mexican American Legal Defense and Education Fund and the League of United Latin American Citizens.
"There's some constitutional questions regarding the 14th amendment and violations that might pop up under the equal protection clause if racial profiling is going to be a mandate under this edict."
This could also impact Catholic Charities. He says immigrants are directly driven by border officers to Catholic Charities centers. From there they are assisted with Covid testing and sent off to different destinations.
"These people are Ok to be here until they have a court hearing. It isn't like they are coming over and illegally crossing the border. They have already been vetted by our government to at least maintain they have the right to be here. That's a real concern."
Read Merrick Garland's letter here.
Read Governor Abbott's response here.
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