Texas Gov. Greg Abbott (R) issued an executive order on Wednesday restricting the ground transportation of migrants in his state. The order ― which immigration rights advocates have decried as “flagrantly illegal,” unconstitutional and xenophobic ― prohibits nongovernment individuals and organizations from transporting migrants who have been released from federal custody. It also gives authority to the Texas Department of Public Safety to stop and seize any private vehicle suspected of carrying migrants.

Abbott cited the threat of COVID-19 as the reason for the new order, saying migrants “pose a risk of carrying COVID into Texas.” Immigration attorneys, however, say that, although coronavirus transmission does appear to be increasing among migrant populations ― just as it is across the country ― migrants currently make up only a fraction of new cases in Texas, and a majority of them are voluntarily getting vaccinated against the coronavirus.

Earlier this week, the health authority of Laredo, a city on the Mexico border, said unvaccinated people ― and not migrants ― were the main cause of a recent COVID-19 surge there.

Aaron Reichlin-Melnick, an attorney at the American Immigration Council, said Abbott cited outright falsehoods in the executive order.

“Governor Abbott enshrines unscientific xenophobia into executive order, pushing the false narrative that migrants are spreading COVID, and appears to ban private citizens or contractors from transporting migrants, which is *flagrantly* illegal and unconstitutional,“ Reichlin-Melnick wrote on Twitter.

Abbott's order is riddled with lies and mistruths. Take this, for example. I actually debunked this exact point just days ago—it's a claim that was so obviously false on its face that it didn't even pass the laugh test. https://t.co/XD6oWJohWT pic.twitter.com/Ofd9GZGMil

— Aaron Reichlin-Melnick (@ReichlinMelnick) July 28, 2021

Reichlin-Melnick pointed out that Abbott had, just on Tuesday, reiterated he would not reinstitute a mask mandate in Texas despite updated guidance from the Centers for Disease Control and Prevention that most people in the U.S., including the fully vaccinated, should wear masks indoors.

“Yesterday, [Abbott] declared that the ‘time for government mask mandates is over,’” Reichlin-Melnick said, citing a statement by the governor. “Today he ordered the government to stop Texans volunteering at humanitarian shelters and seize their cars if they’re transporting migrants. It’s not about COVID.”

Yesterday, @GregAbbott_TX declared that the "time for government mask mandates is over."Today he ordered the government to stop Texans volunteering at humanitarian shelters and seize their cars if they're transporting migrants.It's not about COVID.https://t.co/bXIvwvcc7X

— Aaron Reichlin-Melnick (@ReichlinMelnick) July 28, 2021

Abbott’s order says that “no person, other than a federal, state, or local law-enforcement official, shall provide ground transportation” to migrants who have been released from federal custody. It also directs the Texas DPS to stop and impound vehicles that officers have a “reasonable suspicion” are carrying migrants.

Migrants who are awaiting asylum rulings sometimes travel to be with family and friends, but it appears that Abbott’s order would make it illegal for private people or groups ― such as charity organizations, bus companies or even taxis and ride-share drivers ― to give rides to migrants in any capacity.

“This executive order is Gov. Abbott’s latest attack on immigrants. This action is based on xenophobia and hatred,“ tweeted Families Belong Together, the immigration advocacy campaign.

Other immigration rights activists have expressed fury at the governor’s order, with some predicting legal action against Abbott to prevent its enforcement.

This executive order is Gov. Abbott's latest attack on immigrants. This action is based on xenophobia and hatred. Instead of showing leadership, he continues to put lives in jeopardy. #WelcomeWithDignity https://t.co/jsuKBnqaMP

— Families Belong Together (@fams2gether) July 28, 2021

Wow. Gov. Abbott just signed an order giving Texas police “show me your papers” authority to stop and impound vehicles suspected of carrying migrants released by the fed gov’t.This is illegal and has nothing to do with preventing spread of Covid. pic.twitter.com/AMuUX0W00z

— Sawyer Hackett (@SawyerHackett) July 28, 2021

It’s highly likely this policy will get sued and open up a new legal front in the extent to which individual states can engage in immigration enforcement, something where Abbott is mirroring Arizona’s role during the Obama admin of pushing these boundaries to the legal limit https://t.co/WqyGp1orym

— Cris Ramón (@CramonMigration) July 28, 2021

This is giving @TxDPS MORE license to stop and detain black and brown people, and impound vehicles on suspicion of having an immigrant in the car. @GregAbbott_TX is an extremist and is building up the power of his State police every day. This is a scary road we’re on y’all. https://t.co/AYlrpQ6u5o

— Roberto Alejandro Lopez (@RobertoAleLopez) July 28, 2021

The executive order is Abbott’s latest effort to control migrant movements in Texas.

On Tuesday, the governor ordered the National Guard to help law enforcement arrest migrants at the U.S.-Mexico border, saying in a letter to Maj. Gen. Tracy Norris of the Texas Military Department that “more manpower is needed” to “respond to this disaster and secure the rule of law at our Southern border.”

Last month, Abbott vowed to continue former President Donald Trump’s efforts to build a border wall between his state and Mexico. The governor said he aimed to construct “hundreds of miles” of wall.

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