G. McConway
February 9, 2024

Migrant Lawsuit in Texas Tossed by Obama-appointed Judge

One of the burning questions since Joe Biden has been in office is the constitutional rights of illegal immigrants.

Now, there are some rights that are written to cover anyone in this country, but others specifically mention “citizen” in them.

This is something that now appears to be settled courtesy of an Obama-appointed judge.

Case Dismissed

In the lawsuit, 15 male migrants were claiming that their 4th, 6th, and 14th Amendment rights had been violated due to Abbott’s Operation Lone Star.

The 4th Amendment, which is search and seizure, protects the “right of the people” against illegal search and seizure without a warrant.

The text of both the 6th and 14th Amendments, however, specifically state “citizen,” so the question remains if people who have not legally entered the country and are not legal residents or citizens are covered under these amendments.

Judge Robert Pitman, an Obama appointee, ruled that is not the case.

He stated, “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.”

The Immigration Reform Law Institute (IRLI) executive director, Dale Wilcox, was very happy with the decision, stating, “This case richly deserved to be dismissed. 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. We are pleased the court saw the legal baselessness of this suit and dismissed it.”

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