The judge asks the Biden government to clarify the order to stop deportation

The judge asks the Biden government to clarify the order to stop deportation

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Over the weekend, Texas, which is suing the Biden government, submitted a report from Fox News to the court that quoted an internal email instructing Immigration and Customs officials to “release them all immediately”.
The Justice Department sent the correspondence, which originated at the Houston field office on Monday afternoon. One officer appears to notify the workforce of the moratorium announced the day before, telling them to “stop all removals” starting at midnight, but that email is followed by another officer asking for the directive to be withdrawn immediately. .

“Please instruct your supervisors to follow the issued memo. Operational guidance is being developed and will be issued in the coming days,” says 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. ”

On Monday morning, the Justice Department told the court that some undocumented immigrants with removal orders were released from custody, but as part of a separate Covid-19 dispute. The Department of Homeland Security can decide who releases, DOJ added.

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“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.

Judge Drew Tipton asked the DOJ to confirm that the e-mail, quoted by Fox, existed and to hand it over to the court, if so. “The news is not evidence,” said Tipton.

The shuttle follows a lawsuit filed by Texas Attorney General Ken Paxton, shortly after President Joe Biden took office, challenging one of Biden’s first immigration actions: a pause in deportations.

In his complaint, Paxton cited an 11-hour agreement between Texas and the Trump administration that required DHS to consult the state before making changes and allowing states to adhere to policymaking. Texas says it will incur costs if undocumented immigrants are not removed.

In a lawsuit over the weekend, the Biden Justice Department reacted against Paxton’s claims, calling the agreements, signed by then-in-charge of Homeland Security, Ken Cuccinelli, “invalid” and “unenforceable”.

“Texas seeks extraordinary relief to enforce an invalid contract that it illegitimately intends to assign to the state the plenary authority of the federal government over the inspection of immigration to states and counties,” says the document.

“The Department of Homeland Security (” DHS “) did not have the authority to cede control over federal immigration policy to Texas, and Texas does not have the power to demand specific enforcement of that contract in the form of a temporary restraining order under the whole country (“TRO”), “continues.

Texas Attorney General Sues Biden Administration for Deportation Pause

The government also argued that Texas has failed to show that it will be hurt by the moratorium and lacks legitimacy.

The 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, have waived the right to remain in the United States, or have been determined to be removable by acting director, according to an agency memo. The break is intended to allow time for an internal review.

In a statement on Friday, the ICE confirmed that it had started its 100-day break in deportations, with exceptions.

Tipton did not indicate how he would decide on the matter and when.

This story has been updated with emails from Immigration and Customs Enforcement.

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