HOUSTON (AP) – A federal judge on Tuesday banned the U.S. government from imposing a 100-day deportation moratorium, which is one of President Joe Biden’s top immigration priorities.
U.S. District Judge Drew Tipton issued a temporary restraining order requested by Texas, which on Friday processed a memorandum from the Department of Homeland Security that instructed immigration agencies to pause most deportations. Tipton said the Biden administration had failed “to provide any concrete and reasonable justification for a 100-day break in deportations”
Tipton’s order is an early blow to the Biden government, which has proposed far-reaching changes sought by immigration advocates, including a plan to legalize about 11 million immigrants living illegally in the United States. Biden promised during his campaign to issue a moratorium.
The order represents a victory for Texas Republican leaders, who have often sued to prevent programs enacted by Biden’s Democratic predecessor, President Barack Obama. It also showed that just as Democratic-led states and immigration groups fought in court with former President Donald Trump over immigration, so will Republicans with Biden in office.
While Tipton’s order prevents a 14-day moratorium from being applied, it does not require deportations to resume at their previous pace. Immigration agencies typically have latitude in processing cases and scheduling removal flights.
The Department of Homeland Security forwarded a request for comment to the White House, which issued a statement saying the moratorium was “entirely appropriate”.
“President Biden remains committed to taking immediate steps to reform our immigration system to ensure that it upholds American values and, at the same time, keeps our communities safe,” said the White House.
David Pekoske, acting Homeland Security Secretary, signed a memorandum on Biden’s first day instructing immigration authorities to focus on national security and threats to public security, as well as anyone imprisoned entering the U.S. after November 1. . This was a reversal of Trump’s administration policy that made anyone in the U.S. illegally a priority for deportation.
The 100-day moratorium went into effect on Friday and applies to almost everyone who entered the United States without authorization before November.
Texas Attorney General Ken Paxton argued that the moratorium violated federal law, as well as an agreement signed by Texas with the Department of Homeland Security at the end of the Trump administration. That agreement required Homeland Security to consult with Texas and other states before taking any action to “reduce, redirect, prioritize, relax or in any way modify the application of immigration.”
The Biden administration has argued in lawsuits that the deal is inapplicable because “an administration that is leaving office cannot withdraw that power for a new administration”. Paxton’s office, however, sent an opinion piece from Fox News as evidence that “the refusal to remove illegal aliens is leading directly to the immediate release of other illegal aliens in Texas.”
Tipton, appointed by Trump, wrote that his order was not based on the agreement between Texas and the Trump administration, but on federal law to preserve the “status quo” before the DHS moratorium.
Paxton defended conservative and far-right causes in court, including a failed lawsuit seeking to overturn Biden’s victory over Trump, while he himself faces an FBI investigation into allegations by former advisers that he abused his office in the service of a donor. .
In response to the order, Paxton tweeted “VICTORY” and described the deportation moratorium as a “seditious left insurrection”, an apparent reference to the January 6 uprising in which Trump supporters invaded the Capitol while Congress certified the victory of Biden. The House has already accused Trump of inciting the siege. Five people died in the Capitol riot, including a Capitol police officer.
Kate Huddleston, of the American Civil Liberties Union of Texas, criticized Paxton and argued that his process should not proceed.
“The government’s pause in deportations is not only legal, but necessary to ensure that families are not separated and people are not returned to danger unnecessarily while the new government looks at previous actions,” Huddleston said in a statement.
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