Hidalgo County Judge Richard F. Cortez said Monday the county is considering filing a lawsuit addressing the federal government’s release of migrants and expects commissioners court to issue an emergency declaration later today.
“We are because we have no choice but to do something similar to what Webb County has done, because it’s a federal issue that’s overlapping to local communities,” Cortez said, referring to Webb County recently issuing a similar declaration and to Laredo’s lawsuit seeking to stop the transfer of migrants from the Rio Grande Valley to the city.
Although he’s aware of rising costs associated with sheltering and testing migrants, he has not received a cost estimate yet, noting, “We didn’t budget to deal with the immigrants.”
“At some point in time, there’s going to be an effort extended in personnel and money to deal with the immigrants here should we feel that they’re endangering our communities,” Cortez said referring to the ongoing threat of COVID-19, and adding that costs associated with accommodating migrants locally should not be shouldered by local taxpayers.
Cortez expects county commissioners to issue an emergency declaration related to the release of legal migrants in the county.
The declaration would be different from the one proposed by Gov. Greg Abbott a few months ago that allows for the creation of barriers and the arrest of migrants trespassing on private property. Details, however, have not yet been shared on how the county’s declaration would differ from the governor’s.
“The goal is to put us in a position that would make a claim with the federal government to the situation that we have here in Hidalgo County dealing with legal immigrants,” Cortez said.
The county judge said officials are concerned with the release of migrants who could be positive for COVID-19 and mentioned citations may be issued to any county resident who is out in public and may be positive.
The declaration is still being drafted and going through legal counsel.
McAllen Mayor Javier Villalobos said the city is also considering issuing an emergency declaration related to the cost of responding to the release of migrants in the city.
The declaration would be meant as a first step to receive federal assistance, Villalobos said.
“Everybody knows that we’re trying to assist logistically, transportation and public safety,” the mayor said, but the migrant population continues to grow.
The declaration hinges on the outcome of Monday’s hearing between the federal and state government.
A lawsuit was filed Friday by the federal government to stop Abbott’s executive order banning the transport of migrants by anyone other than law enforcement officers. A hearing is set for this afternoon at an El Paso federal courthouse.
So far, Villalobos said the city has spent about $106,000 on logistic support from about February through last week. The mayor said they’re preparing the declaration if the state mandate holds.
“One of the biggest concerns we have is that the federal laws and the governor’s mandate kind of conflict,” Villalobos said. “And instead of trying to move people out, we may be stuck with people here if they can’t be transported out.”
Abbott ordered Texas Department of Public Safety troopers to stop, even impound, vehicles used to transport migrants if the driver was not a law enforcement officer. However, DPS has yet to enforce his mandate, according to a response filed in court Monday.
“The Executive Order has not yet been enforced and the precise contours of that enforcement are still being shaped,” the response read.
The federal hearing is set to take place at 4 p.m. but will only be open to those who attend in-person.
Check back later for details on this developing story.
