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The Biden administration’s attempt to suspend 100-day evictions hit a wall when a federal court granted a temporary restraining order in a lawsuit brought by the state of Texas.
United States District Court Judge Drew B. Tipton said on Tuesday that the directive from Acting Homeland Security Secretary David Pekoske to stop removing those who already had final removal orders to their against seemed to go against the agencies making rules. The same law has also been used to block a number of actions by the Trump administration.
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“ The Court notes that by ordering a 100-day suspension for all returns of aliens already subject to a final removal decision, it appears that the memorandum of January 20 is manifestly not in conformity or exceeds the authority granted to the Attorney General pursuant to 8 USC § 1231 (a) (1) (A). “
This law says that following a removal order, the attorney general has 90 days to deport the individual. Texas Attorney General Ken Paxton argued that the Biden administration’s memorandum calling for the 100-day recess violated the Administrative Procedure Act because it “does not comply with the law” and exceeds government authority.
The Biden administration argued that the 90-day deadline was not mandatory, but Tipton disagreed. He noted that the statutory language says that “when an alien is ordered to remove, the attorney general must remove the alien from the United States within 90 days.”
“Here ‘shall’ means shall,” Tipton wrote.
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In addition, the judge said the decision to suspend evictions for 100 days also appears to violate the Administrative Procedure Law for being “arbitrary and capricious”.
“Here, the Jan. 20 memorandum not only takes into account potential policies more limited in scope and time, but it also fails to provide a concrete and reasonable justification for a 100-day deportation break,” wrote Tipton. The judge noted that the administration asserted that “unique circumstances” require a break so that DHS can “provide sufficient staff and resources” as well as “comply with COVID-19 protocols”, but that it does not didn’t explain why a 100 day break would help accomplish this.
The Administrative Procedure Act had been successfully enforced to block several high-level actions by the Trump administration, including attempts to end the 2020 census a month ahead of schedule, to revoke New Yorkers’ ability to participate to Trusted Traveler programs and to change asylum standards.
Because the judge believed Texas had a likelihood of success on the merits of the case due to its arguments under the Administrative Procedure Act and showed that there was a threat of irreparable harm, he granted the temporary restraining order, which provides for a 14-day nationwide ban. against the application of the suspension of expulsion.
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Fox News contacted the Department of Homeland Security for comment, but did not immediately respond.
“We are confident that as the case progresses it will be clear that this measure was entirely appropriate to order a temporary hiatus to allow the agency to carefully examine its policies, procedures and procedures. enforcement priorities – while allowing for a greater focus on threats to public and national security, “said a White House spokesman.” President Biden remains committed to taking immediate action to reform our system immigration to ensure it respects American values while ensuring the safety of our communities. “
Brittany De Lea of Fox News contributed to this report.
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