The Biden government’s attempt to halt deportations for 100 days was unsuccessful when a federal court granted a temporary restraining order in a lawsuit filed by the state of Texas.
United States District Court Judge Drew B. Tipton said in a Tuesday order that the acting Homeland Security Secretary David Pekoske’s directive, which interrupted the removal of those who already had final removal orders against them, it seemed to conflict with the Administrative Procedure Act, which governs how much agencies conduct regulation. The same law was used to block several actions by the Trump administration as well.
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“The Court considers that, in ordering a 100-day pause on all removals of aliens already subject to a final removal order, it appears that the January 20 Memorandum clearly does not comply with the authority granted, or is greater than she to the Attorney General in accordance with 8 USC § 1231 (a) (1) (A). “
That law says that, after a removal order, the attorney general has 90 days to deport the individual. Texas Attorney General Ken Paxton argued that the Biden government memorandum calling for a 100-day break violated the Administrative Procedure Act because it “does not comply with the law” and exceeds government authority.
The Biden government argued that the 90-day period is not mandatory, but Tipton disagreed. He noted that statutory language says that “when a foreigner is removed, the Attorney General must remove the foreigner from the United States within a period of 90 days.”
“Here, ‘must’ means must,” wrote Tipton.
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In addition, the judge said the decision to halt deportations for 100 days also appears to violate the Administrative Procedure Law as “arbitrary and capricious”.
“Here, the January 20 Memorandum not only fails to consider potential policies more limited in scope and time, but also fails to provide any concrete and reasonable justification for a 100-day break in deportation,” wrote Tipton. The judge noted that the administration claimed that “unique circumstances” required a pause for DHS to “provide sufficient staff and resources” as well as “comply with the COVID-19 protocols”, but did not explain why a 100-day pause would help to achieve this.
The Administrative Procedure Act has been successfully applied to block several high-profile actions from the Trump administration, including attempts to end the 2020 census count one month ahead of schedule, revoke New Yorkers’ ability to participate in Trusted Traveler programs and changing asylum standards.
As the judge believed that Texas was likely to succeed on the merits of the case due to the arguments of the Administrative Procedure Act and showed that there was a threat of irreparable damage, he granted the temporary restraining order, which provides for a 14-day national ban against the application of the deportation pause.
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Fox News contacted the Department of Homeland Security for comment, but did not respond immediately.
“We are confident that, as the case progresses, it will become clear that this measure was fully appropriate to order a temporary pause to allow the agency to carefully review its policies, procedures and enforcement priorities – while allowing a greater focus on threats to public and national security, “said a White House spokesman. “President Biden remains committed to taking immediate steps to reform our immigration system to ensure that he upholds American values while keeping our communities safe.”
Fox News’s Brittany De Lea contributed to this report.