Friday, April 16, 2021

Federal Judge Deals Biden Another Blow on 100- Day Deportation Ban

A Texas federal judge, Drew Tipton, blocked President Biden’s 100- day suspension on most deportations. Judge Tipton granted a preliminary injunction that blocks the moratorium the Biden Administration announced on its first day.

It’s a victory for Texas Attorney General Ken Paxton, who filed a lawsuit against the federal government over the 100- day pause, which was announced in a memorandum from the Department of Homeland Security three days into the Biden Administration. Last month, Judge Tipton, a former President Trump appointee, issued a 14- day temporary restraining order which he later extended an extra two weeks.

He expressed that the DHS memo failed to “consider potential policies more limited in scope and time and provide any concrete, reasonable justification for a 100- day pause. This preliminary injunction is granted on a nationwide basis and prohibits enforcement and implementation of the [100-day pause] in every place Defendants have jurisdiction to enforce and implement the January 20 Memorandum.”

The order represents a setback to Biden’s immigration agenda which is largely focused on undoing Trump’s immigration legacy and securing an overhaul to the U.S. immigration system. Judge Tipton found that the 100-day deportation pause would negatively affect Texas financially and the moratorium violated administrative laws and procedures.

The preliminary injunction applies to the entire country, not just Texas. It will remain in place as the case moves forward or until there is a new order from a higher court. Cody Wofsy, a staff attorney with the ACLU’s Immigrants’ Rights Project, stated “This ruling is legally wrong and will seriously harm families and communities around the country. Texas’ suit is an attempt to deprive the Biden Administration of a meaningful opportunity to review and assess immigration enforcement after years of living under lawless Trump policies.”

However, this ruling was not without a bright spot for Biden, Judge Tipton didn’t block the entire DHS memo, explicitly saying in his ruling that “This Order does not prohibit the Government from carrying out or adhering to the January 20 Memorandum’s other sections.”

Last week, the Biden administration issued a new enforcement guidance that would require U.S. Immigration and Customs Enforcement to focus on immigrants who pose a national security, border security, or public security risk, which is a major shift away from the Trump administration.

POLITICO