The initial defeat, even if temporary, demonstrates the limitations of the executive functions of President Joe Biden, who are challenged in court.
However, Judge Drew Tipton of the Southern District of Texas held that the temporary sanctions order was appropriate under administrative procedure. Tipton blocked the Biden administration from executing the deportation stay for 14 days.
Tipton, appointed by President Donald Trump, also found that Texas could be harmed if the moratorium were to continue. He wrote, “In light of the foregoing, the court finds that the risk of injury to Texas protects defendants from any potential harm and that the issuance of this TRO serves and protects the public interest.”
The postponement is only for five days.
The White House, Immigration and Customs Enforcement and the Department of Homeland Security did not immediately comment on the ruling.
Paxton said in a statement, “applauded the ruling:” The court’s decision to bar the Biden administration from setting aside immigration laws set aside by Congress is a much-needed measure for DHS’s unlawful action. A complete-cancellation of deportation would only serve the jeopardized Texas. And weaken federal law. ”
Biden’s first days in office have been marked by the release of his ambitious immigration agenda, but the ruling has displaced immigration lawyers, who were trying to make sense of the new memos just days earlier.
Jeremy McKenney and Jeremy McKinney, a North Carolina-based immigration attorney, said, “In a word: Unbelievable. Despite the limited nature of the TRO grant (a two-week pause of stay), the decision is breathtakingly wrong.” Vice President.
“There have been so many changes, and so many rules, and there is also Kovid-19 and in some way to bring some order to this chaos that the Trump administration had drained, I think the expulsion would have come to a halt! ” Good policy, ”said Claudia Cubas, an immigration lawyer based in Washington, DC.
The Biden moratorium mostly covers deportations, but individuals arriving in the US after 1 November are suspected of terrorism or espionage or a threat to national security, waived rights to remain in the US or determined by acting has gone. Director, according to an agency memo.
Immediate lawsuit from Texas
Just as the speed of the new memo was effected, so did Paxton’s legal challenge.
During the Trump administration, Paxton also led a lawsuit challenging deferred action for the Childhood Arrivals Program, which deported migrants who came to America as children from exile. The case is going on. He is also the head of the latest litigation of the Supreme Court challenging the Affordable Care Act.
The deportation halt case has moved quickly.
The email issued states, “Please instruct your supervisors to follow the memorandum issued. Operational guidance is being developed and will be released in the coming days,” with the removal, release and / or arrest. But any question that we cannot properly determine. I will be sent through the headquarters for further discussion and decisions in the instructions. “
The Justice Department also told the court that some unspecified migrants with eviction orders were released from detention, but as part of separate lawsuits related to Kovid-19. The Department of Justice said that DHS has discretion in who it releases.
DOJ lawyer Adam Kirschner said, “There are times that the Department of Homeland Security exercises its discretion in etiquette. Texas disagrees. Texas has different views about immigration policy than the current administration. “
The Justice Department is likely to appeal the decision.
This story has been updated with additional development on Tuesday.