Texas Lawsuit Seeks to End Open Borders

Guest Post by Joe Guzzardi

While justified criticism about President Biden’s border fiasco rages on, an interesting and significant legal action has gone largely unnoticed. Texan Brian Harrison, formerly President Trump’s Department of Health and Human Services chief of staff, and co-plaintiff Steven Pace filed a 20-page brief in an Amarillo federal court which seeks to resume the Trump-era, no exception practice of returning unaccompanied minors to their home country.

The suit argues that the Biden administration hasn’t given a legal defense for ending the policy which was intended to protect Americans’ health and well-being during the coronavirus pandemic. Named as defendants are Health and Human Services Secretary Xavier Becerra, Homeland Security Secretary Alejandro Mayorkas and Centers for Disease Control and Prevention Director Dr. Rochelle Walensky.

In his legal filing, Harrison, who is on the May 1 special election ballot for the vacant U.S. House of Representatives seat that recently deceased Ron Wright held, has submitted a two-prong argument. First, in March 2020, the CDC invoked Title 42 which allows the federal government to bar migrants from entering the U.S. during a health crisis. But on Feb. 2, Biden ordered a CDC review which quickly resulted in the agency’s Feb. 17 notice that Title 42 would be suspended as it pertained to returning unaccompanied alien minors. And second, Harrison’s filing claims that the Biden administration didn’t follow the Administrative Procedure Act protocols, which require federal agencies to justify any policy changes.

Since February, the inflow of unaccompanied minors has continued unabated. Worse, a space shortage at border holding facilities has forced the Biden administration to release migrants, some COVID-infected, into the U.S. interior without notice to appear at a later date in immigration court. The most recent federal data showed that among 11,300 child and teen illegal immigrants in HHS care, 2,900 are laboratory-confirmed COVID-19 positive. White House Press Secretary Jen Psaki made Biden’s policy clear when she confirmed that “we have been letting unaccompanied minors stay.” In an effort to curb negative publicity, Biden’s Office of Personnel Management sent a memo to several government agency department heads requesting volunteer deployments for as long as four months to help Customs and Border Protection (CBP) deal with the unaccompanied minors’ border surge. More border re-enforcements will be needed during the summer months when, traditionally, migration peaks.

Within a 24-hour period last week, CBP took in 111 individuals smuggled north in three separate trucks. CBP officials identified the perpetrators as possible human smugglers and said those in custody were foreign nationals from Ecuador, El Salvador, Guatemala, Honduras and Mexico. None were wearing masks or other protective gear. Being forced to deal with the uptick in human trafficking detracts CBP, as one of its officials said, from its “enduring mission priorities of countering terrorism, combating transnational crime, securing the border, facilitating lawful trade, protecting revenue and facilitating lawful travel.”

Americans just now are seeing the flickering light at the end of the yearlong COVID-19 lockdown tunnel, and are increasingly concerned that the border releases could spark another round of stay-at-home orders. Released asylum seekers who tested COVID-positive at a Brownsville, Texas, bus station told local reporters that their destinations included North Carolina, Maryland and New Jersey. Documents leaked to the media predict that the surge will last more than seven months. Consequently, other states will soon be receiving COVID-positive migrants.

Testing after Customs and Protection releases migrants gives the illegal aliens freedom to travel unrestricted throughout the U.S., an insult to the hundreds of thousands of Americans who lost their jobs and businesses. Also taken away during the government-imposed lockdown was the personal choice for Americans to educate their children in public schools and individuals’ constitutional rights to worship at churches, synagogues and mosques.

The question the Biden administration should answer is what happens after the illegal aliens settle in the U.S. interior. On his border fact-finding mission, Sen. Tom Cotton (R-Ark.) learned directly from the adults that their main reason for coming to the U.S. is to find a job. The under-18 population will require public education in already overcrowded and largely failing K-12 classrooms. Many among both the minor and adult population will need taxpayer-funded health care and will have access to other affirmative benefits.

Although Americans take pride in their humanitarianism, the nation has been through a grueling year-plus of lockdowns and employment furloughs. Putting Americans first until normalcy returns is the course of action that the Biden administration should be ethically obligated to pursue.

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10 Comments
TheAssegai
TheAssegai
April 6, 2021 1:15 pm

I’m sure Texas will have no standing in this because the argument will be made that all of these illegal aliens are simply moving through Texas to get into another state. Texas will probably be required to take care of these folks as their migration continues. Texans could help by putting signs in their yard that “they will leave the light on” for anyone seeking B&Bs.

falconflight
falconflight
  TheAssegai
April 6, 2021 1:27 pm

Milk and cookies, just knock.

falconflight
falconflight
April 6, 2021 1:27 pm

A law suit…eyes rolling outta my head

PorkChopSandwiches
PorkChopSandwiches
  falconflight
April 6, 2021 2:07 pm

My thoughts exactly. I’m sure historical ass wrecker Charles Martel would’ve waited to see how the lawsuits played out before he and his army of super fucking pissed off Franks slaughtered the ever living holy fuck outta the Islamic invaders at the Battle or Tours had he had the opportunity. This country is being goddamn invaded and we’re just sitting back and admiring the problem. Instead of handing them plane tickets to the interior we ought to be shoving telephone poles up these “immigrants” asses and lining their blood soaked rotting corpses all along the border for everyone to see what happens to those who want to come in without using the front door. h/t Vlad Tepes. Seriously, its past time to get medieval. Then we do the same to the Communists, Socialists and Marxists that are running this country into the ground.

Anonymous
Anonymous
April 6, 2021 2:17 pm

” Also taken away during the government-imposed lockdown was the personal choice for Americans to educate their children in public schools”
and yet
“the under-18 population will require public education in already overcrowded and largely failing K-12 classrooms”

I know what he’s saying, but that’s highly contradictory and just plain a stupid argument. And then I looked at the source and of course they can’t use good arguments or they’d hurt peoples feelings.

” and individuals’ constitutional rights to worship at churches, synagogues and mosques.”
Let’s see, you only keep the rights you fight for, and the churches submitted as hard as they could. As far as I’m concerned, they can go back to the Middle East along with the synagogues and mosques.

I found one thing funny in that link to the call to prayer being done in California.

“Debra Sugarman, who has lived in the city for 10 years, said she’s spent a lot of time in the Middle East and enjoys hearing the call to prayer. Sugarman, who lives a few blocks from the mosque, said she strained to hear the adhan the first few nights. She wished, she said, that it had been louder.”

Hm, I wonder what type of name Sugarman could be…

Machinist
Machinist
April 6, 2021 2:37 pm

In other news, Alcee Hastings kicked the bucket.
I am so sad. NOT!

Ed
Ed
  Machinist
April 7, 2021 12:05 am

Alcee died? I didn’t even know he’d been sick.

Bos'n
Bos'n
April 7, 2021 6:00 am

The old saying , “wish in one hand and shit in the other and see which fills up faster” comes to mind after reading this article . The current administration doesn’t want to stop but rather facilitate this mass illegal migration . In addition , at least this past school year , K-12 classrooms certainly weren’t overfilled due to distance learning , but I get your point . This proposed litigation sounds like a campaign stump , and , although I doubt it will get traction , I’m all for it .

Anonymous
Anonymous
April 7, 2021 7:06 am

Why remove them to they’re home country? They entered America from Mexico (where they were illegal aliens) ?
Simply put them back over the border, they’re a Mexican problem Mexico needs to deal with.

ReluctantWarrior
ReluctantWarrior
April 7, 2021 7:54 am

BRAVO!