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Immigration Law

TX Gov. Abbott Issues EO Regarding Transportation of Migrants

Governor Abbott, July 28, 2021

"Governor Greg Abbott today issued an Executive Order restricting ground transportation of migrants who pose a risk of carrying COVID-19 into Texas communities. The Executive Order also directed the Texas Department of Public Safety (DPS) to stop any vehicle upon reasonable suspicion of such violation and reroute such vehicles back to its point of origin or a port of entry. DPS also has the authority to impound a vehicle that violates the Executive Order."

Key text:

1. No person, other than a federal, state, or local law-enforcement official, shall provide ground transportation to a group of migrants who have been detained by CBP for crossing the border illegally or who would have been subject to expulsion under the Title 42 order.

2. The Texas Department of Public Safety (DPS) is directed to stop any vehicle upon reasonable suspicion of a violation of paragraph 1, and to reroute such a vehicle back to its point of origin or a port of entry if a violation is confirmed.

3. DPS is authorized to impound a vehicle that is being used to transport migrants in violation of paragraph I, or that refuses to be rerouted in violation of paragraph 2.

[The key question, of course, is how "reasonable suspicion" is defined in practice.]