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The early, even temporary defeat demonstrates the limits of President Joe Biden’s executive actions, which should be challenged in court.
Judge Drew Tipton of the Southern District of Texas, however, said the temporary restraining order was appropriate under the Administrative Procedure Act. Tipton blocked the Biden administration from enforcing his deportation stay for 14 days.
Tipton, appointed by President Donald Trump, also concluded that Texas could be affected if the moratorium continues. “In light of the foregoing, the Court finds that the threat of prejudice to Texas outweighs any potential prejudice to the defendants and the public interest is served and protected by the issuance of this TRO,” a- he writes.
The moratorium has only been in effect for five days.
The White House, Immigration and Customs and the Department of Homeland Security did not immediately comment on the decision.
Paxton applauded the decision, saying in a statement: “The court’s decision to prevent the Biden administration from overturning immigration laws passed by Congress is a much-needed remedy for the illegal action by DHS. -Complete deportations would only serve to endanger Texans and violate federal law. ”
The early days of his tenure were marked by the release of his ambitious immigration agenda, but the move flogged immigration lawyers, who days earlier were trying to make sense of the new memo.
“In a nutshell: unbelievable. Despite the limited nature of the TRO grant (a two-week break from the break), the decision is breathtaking,” said Jeremy McKinney, a North Carolina-based immigration lawyer and the American Immigration Lawyers Association. vice president.
“There have been so many changes and so many rules, and there’s also Covid-19 and as a way to tidy up this chaos that the Trump administration has created, I think a pause on removals would have been a good policy, ”said Claudia Cubas, an immigration lawyer based in Washington, DC.
Biden’s moratorium covers most deportations but excludes people who arrived in the United States after November 1, are suspected of terrorism or espionage, or pose a danger to national security, have waived their right to remain in the country. United States or who have been deemed revocable by the director, according to an agency memo.
Texas immediate trial
Just as quickly as the new memo went into effect, a legal challenge from Paxton was launched.
Under the Trump administration, Paxton also took legal action against the Child Arrivals Deferred Action Program, which protects undocumented immigrants who came to the United States as children from deportation. The case is ongoing. He is also leading the latest Supreme Court case challenging the Affordable Care Act.
The eviction break case evolved rapidly.
“Please ask your supervisors to follow the issued memorandum. Operational guidelines are being developed and will be issued in the coming days,” the email read, adding: “Any questions on dismissals, releases and / or arrests that we cannot determine perfectly fit in the directive will be forwarded through me to headquarters for further discussion and decision. “
The justice ministry also told the court that some undocumented immigrants who were subject to removal orders had been released, but in a separate dispute over Covid-19. DHS has discretion over who it releases, the Justice Department added.
“There will be times when the Department of Homeland Security will use its discretion in a way that Texas does not agree … Texas has different views on the administration’s immigration policy. current, “DOJ lawyer Adam Kirschner said.
The Justice Department will likely appeal the decision.
This story was updated with additional developments on Tuesday.
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