Obama-Appointed Judge Throws Out Illegal Aliens’ Lawsuit Against Texas

Migrants are sent back by the Texas National Guard to the Rio Grande after entering El Pas
Justin Hamel/Bloomberg

A federal district court judge, appointed by former President Obama, has thrown out a lawsuit brought by a group of male illegal aliens who claimed Texas Gov. Greg Abbott’s (R) “Operation Lone Star” violated their constitutional rights.

This week, Judge Robert Pitman dismissed a lawsuit brought by 15 male illegal aliens who claimed Abbott’s Operation Lone Star violated their rights under the 4th, 6th, and 14th Amendments of the United States Constitution.

Operation Lone Star was launched in March 2021 to authorize the Texas Department of Public Safety (DPS) to work with the Texas National Guard to more effectively combat the Mexican drug cartels as well as the illegal aliens and drugs they smuggle across the southern border.

According to Pitman, the illegal aliens failed to show which constitutional rights Operation Lone Star violated:

Because Plaintiffs’ requests for declaratory judgment are moot and because they fail to sufficiently plead that Defendants have violated their constitutional rights, the Court finds that it must dismiss this case. While Plaintiffs’ Revised Third Amended Complaint certainly provided the Court with concerning statistics regarding the rollout of Operation Lone Star, Plaintiffs have not provided the Court with facts regarding how the individual or supervisory powers and actions of Defendants have deprived Plaintiffs of their constitutional rights. [Emphasis added]

WATCH: Texas Military, Troopers Turn Back Wave of Migrants at Border River Crossing:

Cartel Chronicles/Breitbart Texas

The Immigration Reform Law Institute (IRLI) helped defend Abbott in the case, filing an amicus brief suggesting the illegal aliens’ detention under Operation Lone Star did not violate the constitution.

“This case richly deserved to be dismissed,” IRLI Executive Director Dale Wilcox said. “The Biden administration’s abdication of its statutory duty to secure the border has created a rash of property crimes in Texas, which Texas has every right to address by enforcing its state laws.”

“If the plaintiffs were right in their claims, not only would illegal aliens have free rein to enter and remain in Texas and the U.S., but free rein to commit crimes without consequence,” Wilcox said. “We are pleased the court saw the legal baselessness of this suit and dismissed it.”

The case is Barcenas v. McCraw, No. 1:22-cv-00397 in the U.S. District Court for the Western District of Texas.

John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here

COMMENTS

Please let us know if you're having issues with commenting.