Obama Judge Tosses Migrant Lawsuit Against Texas

 February 9, 2024

Texas Governor Greg Abbott was being sued by a group of migrants who entered the country illegally at the Texas southern border.

The case was brought against the governor, citing Operation Lone Star for violating their constitutional rights.

Talking Points
- The lawsuit
The court rejects the case
- Analysis

The Lawsuit Against Texas and Governor Abbott

Operation Lone Star has been in effect for almost three years (started in March 2021). Along the way, Governor Abbott has seen considerable resistance to the operation from the federal government, Democrats, and pro-immigration advocate groups.

It was only a matter of time before a lawsuit was filed, which is what happened after 15 male migrants claimed Operation Lone Star was violating their constitutional rights.

Specifically, they claimed their rights under the 4th, 6th, and 14th Amendments had been violated by Texas.

Court Rejects the Lawsuit

The case came before Judge Robert Pitman, an Obama appointee, and it was tossed. In his ruling, he wrote:

“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) had written an amicus brief on behalf of the state of Texas, and Governor Abbott and its executive director, Dale Wilcox, were ecstatic over the decision to dismiss the case outright. He stated:

“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.”


There has long been an argument as to whether illegal immigrants have rights under our Constitution. And while they may be able to make an argument regarding the 4th Amendment, the 6th and 14th Amendments specifically state those rights are for citizens of this country.

Wilcox’s comments were dead on in stating that had the migrants won this case; it would have opened the door to complete and utter chaos in terms of illegal immigration and the rights of illegals once they cross the border. These people are not citizens of this country, and they broke the law to get here… something that Democrats always seem to omit from the conversation.

To read the full decision in the case, click here.

About Jerry McConway

Jerry McConway is an independent political author and investigator who lives in Dallas, Texas. He has spent years building a strong following of readers who know that he will write what he believes is true, even if it means criticizing politicians his followers support. His readers have come to expect his integrity.

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