United States District Judge Kathleen Cardone, who was appointed in 2003 by former President George W. Bush, issued a temporary restraining order against Abbott’s executive action that will last until at least August 13. The United States Department of Justice sued the governor last week to block the order, contending in part that it violates the supremacy clause of the United States Constitution, which makes state law subordinate to federal law.
“The Executive Order causes irreparable injury to the United States and to individuals the United States is charged with protecting, jeopardizing the health and safety of non-citizens in federal custody, risking the safety of federal law enforcement personnel and their families, and exacerbating the spread of COVID-19,” Cardone wrote in her ruling.
Abbott’s press secretary, Renae Eze, put out a statement following the ruling criticizing President Biden and foreshadowing arguments the governor’s office could make in court.
“The Court’s recent order is temporary and based on limited evidence. We look forward to providing the Court with the evidence to support the Governor’s Executive Order to protect Texans,” Eze said.
“The Biden Administration has knowingly — and willfully — released COVID-19 positive migrants into Texas communities, risking the potential exposure and infection of Texas residents. The Governor’s Executive Order attempts to prevent the Biden Administration from spreading COVID-19 into Texas and protect the health and safety of Texans.”
Abbott issued the executive order after a local police department in Hidalgo County indicated in a social media post that United States Customs and Border Protection (CBP) was releasing foreign individuals who had tested positive for COVID-19.
Hidalgo County Judge Richard Cortez instituted a state of disaster in the county on Monday, though he placed emphasis not on illegal aliens but individuals who CBP has given permission to be here while their claims of asylum are being considered.
Disclosure: Unlike almost every other media outlet, The Texan is not beholden to any special interests, does not apply for any type of state or federal funding, and relies exclusively on its readers for financial support. If you’d like to become one of the people we’re financially accountable to, click here to subscribe.
Hayden Sparks is a reporter for The Texan. He has coached high school competitive speech and debate and has also been involved in community theater and politics. A native Texan, Hayden served as a delegate at the Republican Party of Texas Convention in 2016. He is on track to receive a bachelor’s degree in psychology from Liberty University. In his free time, Hayden is known to take walks around the neighborhood while listening to random music on Spotify.