Obama-appointed federal judge dismissed lawsuit by migrants against Texas for failure to prove alleged violation of rights

By 
 February 9, 2024

An Obama-appointed federal judge in Texas just issued a ruling in a lawsuit brought by a group of illegal migrants that the former president would likely be displeased with, Breitbart reported.

U.S. District Judge Robert Pitman dismissed as moot the legal challenge filed by illegal migrants against Texas Gov. Greg Abbott and others over claims that their constitutional rights had been violated by Abbott's "Operation Lone Star" border enforcement efforts.

The judge ruled that the plaintiffs, despite multiple opportunities, had failed to sufficiently prove that any of their rights had been violated, and given that all had since been released from custody after being arrested on criminal trespassing charges, the case was moot as none of them had any standing to further pursue the unproven claims.

Texas' "Operation Lone Star" challenged over alleged violation of rights

NTD reported that Gov. Abbott launched what is known as "Operation Lone Star" in 2021 in direct response to the deliberate refusal of President Joe Biden's administration to fully enforce the nation's border security and immigration laws.

The operation involved the Texas Department of Public Safety working together with the Texas National Guard and other state assets and agencies to defend the border, reduce the flow of illegal immigration, and interdict the smuggling of illicit drugs and contraband as well as the trafficking of humans across the border.

At the time, Abbott said, "Texas supports legal immigration but will not be an accomplice to the open border policies that cause, rather than prevent, a humanitarian crisis in our state and endanger the lives of Texans. We will surge the resources and law enforcement personnel needed to confront this crisis."

Suit dismissed over repeated failure to state legitimate claims

In opposition to Gov. Abbott's "Operation Lone Star," a group of 15 male illegal migrants who'd been arrested and temporarily detained for criminal trespass filed a lawsuit that alleged multiple violations of their rights under the 4th, 6th, and 14th Amendments of the U.S. Constitution.

Unfortunately for the migrants, Judge Pitman concluded in an 18-page ruling, "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 OLS, 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," he continued.

"Plaintiffs have already amended their complaint three times, (Dkts. 9, 10, 52), and this Court has already dismissed their claims without prejudice once, (Order, Dkt. 45)," Pitman noted. "In their Revised Third Amended Complaint, (Dkt. 52), Plaintiffs have failed to fix the deficiencies in their complaint that the Court previously noted, (Dkt. 45)."

"Accordingly, the Court finds that further amendment would be futile. IT IS THEREFORE ORDERED that Plaintiffs’ claims are DISMISSED with prejudice," he added, meaning they cannot be refiled again.

Group that helped defend Abbott celebrates dismissal

Breitbart reported that one of the organizations that helped defend Gov. Abbott and "Operation Lone Star" against the migrants' suit was the Immigration Reform Law Institute, which celebrated the dismissal ruling from Judge Pitman as appropriate and necessary.

"This case richly deserved to be dismissed," IRLI Executive Director Dale Wilcox told the outlet. "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," he added. "We are pleased the court saw the legal baselessness of this suit and dismissed it."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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