The early defeat, however temporary, demonstrates the limits of President Joe Biden’s executive actions, which must be challenged in court.
South Texas District Judge Drew Tipton, however, said the temporary restraining order was appropriate under the Administrative Procedure Act. Tipton prevented the Biden government from carrying out its 14-day deportation break.
Tipton, appointed by President Donald Trump, also concluded that Texas could be hurt if the moratorium continued. “In light of the above, the Court considers that the threat of injury to Texas outweighs any potential harm to the Defendants and the public interest is served and protected by the issuance of this TRO,” he wrote.
The moratorium has been in effect for just five days.
The White House, the Immigration and Customs Department and the Department of Homeland Security did not immediately comment on the decision.
Paxton applauded the decision, saying in a statement: “The Court’s decision to prevent the Biden administration from rejecting immigration laws passed by Congress is a much-needed remedy for DHS’s illegal action. An almost complete suspension of deportations would only serve to put Texans in danger and undermine federal law. ”
Biden’s early days in office were marked by the disclosure of his ambitious immigration agenda, but the decision reached immigration lawyers, who a few days earlier were trying to understand the new memo.
“In a word: unbelievable. Despite the limited nature of the TRO grant (a two-week break on break), the decision is incredibly wrong,” said Jeremy McKinney, immigration lawyer for North Carolina and the American Immigration Lawyers Association first Vice president.
“There have been so many changes and so many rules, and there is also Covid-19 and, as a way of putting some order in this chaos that the Trump administration has caused, I think a pause in removals would have been a good policy,” said Claudia Cubas, a lawyer Washington, DC immigration policy.
The Biden moratorium covers most deportations, but excludes individuals who came to the United States after November 1, are suspected of terrorism or espionage, or pose a danger to national security, renounced the right to remain in the United States, or have been determined to be removable for the director action, according to an agency memo.
Texas immediate action
As quickly as the new memorandum came into effect, a legal challenge from Paxton arose.
During the Trump administration, Paxton also led a lawsuit challenging the Deferred Action for Childhood Arrivals program, which protects undocumented immigrants who came to the United States as children from deportation. The case is ongoing. He is also at the forefront of the latest lawsuit in the Supreme Court that challenges the Affordable Care Act.
The case for the pause in deportation changed quickly.
“Please instruct your supervisors to follow the issued memorandum. Operational guidance is being developed and will be issued in the next few days,” said the email, adding: “Any questions about removals, releases and / or arrests that we cannot determine that fit the guideline perfectly will be forwarded through me to HQ for further discussion and decisions. “
The Justice Department also told the court that some undocumented immigrants with removal orders were released from custody, but as part of a separate Covid-19 dispute. DHS has discretion as to who it releases, the Justice Department added.
“There will be times when the Department of Homeland Security will use its agency in ways that Texas disagrees … Texas has different views on immigration policy than the current administration,” said DOJ attorney Adam Kirschner.
The Justice Department will likely appeal the decision.
This story was updated with further developments on Tuesday.