Texas Gov. Abbott Sued Over Rounding Up Migrants

Topline

Attorneys for migrants detained under Texas Gov. Greg Abbott’s (R) “Operation Lone Star” have filed a federal lawsuit to end the practice, claiming Abbott is exceeding his authority as the governor makes immigration a top issue in his reelection campaign.

Texas Gov. Greg Abbott (R) speaks during a primary night event on March 1, 2022, in Corpus Christi, … [+] Texas. (AP Photo/Eric Gay)

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Key Facts

The suit seeks class-action status for all migrants detained by the state, and demands the state pay $18,000 to each migrant for every day they were “unlawfully incarcerated.”

Texas authorities have arrested thousands of migrants suspected of entering the country illegally since Operation Lone Star began last year by charging them with the misdemeanor crime of trespassing on private property, according to data obtained by the Texas Tribune.

The lawsuit accuses the state of illegally enforcing its own immigration policies under the guise of arresting trespassers, since the federal government is responsible for immigration.

It also claims arrested migrants are often held for “weeks or months” without being formally charged or having access to a lawyer, and in some cases have been kept in custody after posting bond.

Abbott’s office did not immediately respond to a request for comment from Forbes, though he’s defended the policy in the past as “fully constitutional.”

The suit appears to be the first challenge to Operation Lone Star in federal court.

Crucial Quote

“The trespass arrests themselves … regularly lack probable cause—including cases in which law enforcement has directed individuals from public property to a certain location, only to then arrest them for trespass once they get there,” the lawsuit said. “In a word, entrapment.”

Key Background

Abbott, who’s facing a challenge from former Democratic presidential candidate Beto O’Rourke as he seeks a third term as governor, has made immigration the signature issue of his campaign. The governor has repeatedly claimed President Joe Biden and Democrats in Congress are to blame for a surge of migrants along the border, and has recently blasted the president for plans to end Title 42, a policy that largely prohibits asylum seekers from staying in the U.S. due to Covid-19. Texas started a program this month to bus migrants released from federal custody near the Texas-Mexico border to Washington, D.C., in what Abbott says is a message to the Biden Administration, but the White House labeled a “publicity stunt.” Abbott also enacted a new border policy early month significantly enhancing inspections on commercial trucks entering Texas from Mexico, claiming it was necessary to cut down on drug smuggling and illegal immigration. He lifted the order on enhanced inspections on April 15, after inspection queues led to hours-long waits for trucks. No drugs or other contraband were discovered during the inspections, according to the Texas Tribune.

What To Watch For

A Trump-appointed federal judge on Wednesday issued a restraining order temporarily keeping the Biden Administration from ending Title 42. The policy had been set to end by May 23.

Big Number

7.7%. That’s the lead Abbott holds over O’Rourke, according to the latest RealClearPolitics polling average. Polling also suggests security of the Texas-Mexico border is by far the most important issue for Texas voters.

Tangent

Abbott last summer announced the state plans to complete its portion of former President Donald Trump’s proposed wall along the Mexican border. The state intends to partially pay for the project through crowdfunding.