“This injunction is granted nationwide and prohibits the execution and implementation of the [100-day pause] everywhere, defendants have jurisdiction to enforce and implement the January 20 Memorandum, ”wrote Tipton, appointed by former President Donald Trump, in the 105-page decision.
The order represents a setback for Biden’s immigration agenda, which is largely focused on undoing Trump’s immigration legacy and securing a reform of the U.S. immigration system.
Tipton found that Texas proved that the 100-day break in deportation would threaten the state of financial damage – and that the moratorium, as implemented, violated administrative laws and procedures.
“[T]DHS’s central flaw is not in the brevity of the January 20 Memorandum or in the corresponding administrative record, but in its failure to provide a rational explanation based on the facts reviewed and the factors considered, ”wrote Tipton. “This failure is fatal, as this defect essentially makes DHS’s determination to institute a 100-day pause in deportations an arbitrary and capricious choice.”
The injunction applies to the entire country, not just Texas. It will remain in effect as the case progresses or until there is a new order from a higher court.
Cody Wofsy, a lawyer on the ACLU’s Immigrants’ Rights Project team, said the civil liberties group was reviewing its options.
“This decision is legally wrong and will seriously harm families and communities across the country,” said Wofsy. “The Texas process is an attempt to deprive the Biden administration of a significant opportunity to review and evaluate immigration enforcement after years of living under Trump’s lawless policies.”
The decision brought a positive point for Biden. Tipton did not block the entire DHS memorandum, explicitly saying in its decision that: “This Order does not prohibit the government from complying with or adhering to the other sections of the January 20 Memorandum”, including a comprehensive DHS review of policies and practices linked to immigration and provisional civil application guidelines
Last week, the Biden government issued a new oversight guideline that would require the U.S. Department of Immigration and Customs to focus on immigrants who pose a national, border or public security risk – a major change from the approach more aggressive oversight of the Trump administration. It is expected to result in a drop in deportations and other coercive actions.