What we know and don’t know about Texas Gov. Abbott’s new border order that includes busing migrants

Questions and uncertainty over Texas Gov. Greg Abbott’s latest border orders continue after Wednesday’s announcement of what he called an “unprecedented” response to illegal immigration.

Much of the confusion has centered over Abbott’s plan to begin busing migrants to the U.S. Capitol steps and whether it’s legal. State officials contend it passes muster because the transport program will be free and voluntary for migrants who agree to it.

Details of the plan and how it will be carried out are sparse so far, but Abbott made it clear he wants immediate action, and he’s going to continue fighting President Joe Biden’s immigration policies. Following is a rundown of some of what we know — and don’t know — about the governor’s actions that were announced at a news conference in Weslaco.

What exactly did Abbott do?

The governor signed two letters as he continues to make border security the hallmark of his 2022 re-election campaign.

One directed the Department of Public Safety to conduct enhanced safety inspection of incoming Mexican traffic at ports of entry to deter smuggling of people and illegal substances.

The other letter he signed Wednesday directs the Texas Division of Emergency Management to bus migrants who are released from federal custody into Texas border cities, like McAllen and Brownsville, to Washington, D.C. — a journey that can take nearly 28 hours.

What does the inspection program involve?

Abbott spokeswoman Nan Tolson confirmed the effort would be limited to commercial vehicles. Concerns were raised immediately about how boosting inspections will snarl traffic at Texas-Mexico border crossings even more.

“We already do this at these bridges, anyways. We conduct safety checks. We’re only expanding it,” DPS Director Steve McCraw said.

In Laredo, the busiest land port on the Texas border, about 2.4 million trucks crossed in the pre-pandemic year of 2019, according to data kept by the U.S. Bureau of Transportation. At the five largest crossing points in the Rio Grande Valley, a cumulative total of more than a million trucks passed in 2019. In Eagle Pass, about 180,000 trucks passed in 2019.

In 2021, truck traffic increased to 2.6 million in Laredo, 1.1 million in the Rio Grande Valley and 200,000 in Eagle Pass.

What does busing migrants to Washington, D.C. entail?

Abbott said Texas emergency management officials will begin chartering the vehicles immediately. Transport by air travel also is on the table.

Nim Kidd, chief of the Texas Division of Emergency Management, when asked how many buses would be chartered, said the state has procured as many as 900 in past natural disaster responses, such as to Category 5 hurricanes.

The buses will “send these illegal immigrants who’ve been dropped off by the Biden administration to Washington, D.C. We are sending them to the U.S. Capitol,” Abbott said.

In a letter asking Kidd to coordinate the effort, Abbott said, “Mayors and county judges should promptly notify TDEM of any DHS drop-offs that may necessitate dispatching a bus, a plane, or some other means of evacuating such migrants from our State.”

What will it cost?

That’s unclear. For the current two-year state budget cycle, Texas appears to have already committed nearly $4 billion for erecting the border barrier, mobilizing thousands of Guard troops and state police officers to the region, and creating detention facilities and court-system capacity for prosecuting migrants charged with trespassing and other state offenses.

Abbott also continues to expand his Operation Lone Star efforts on the border, even as criticisms and questions continue about the program.

Other action

In addition to the plan to bus migrants to the U.S. Capitol and increased inspections at the border, Texans can expect there will be “mass migration rehearsals” by the state’s National Guard, Abbott said. The rehearsals will include boat blockades, ship container blockades and erection of razor wire at low water crossings and high traffic areas, said the governor and Maj. Gen. Thomas M. Suelzer, the state’s adjutant general whom Abbott recently appointed.

Economic impact

Anything that slows traffic at the border can hurt commerce in the border region and beyond. And Abbott acknowledged there’s no question Texans will feel an impact. But he said the Biden Administration is to blame.

“Because Joe Biden is not securing the border, the state of Texas is having to step up and spend Texas taxpayer money doing the federal government’s job,” Abbott said.

While the governor is a frequent critic of Biden’s immigration policies, he was a vocal ally of former President Donald Trump on the issue.

Why is Abbott acting now?

This week’s announced actions mark Texas’ first response to the migrant surge anticipated after the Biden administration lifts a Title 42 order imposed by former President Donald Trump after the outbreak of coronavirus, Abbott said.

Additional action will be announced next week, the governor said.

Will there be legal challenges?

Lawsuits are likely, and the DPS’ McCraw said he expects legal challenges.

“We wouldn’t be surprised by a lawsuit,” he said during Wednesday’s news conference. However, he said, he felt the state would eventually prevail.