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U.S. District Judge Drew Tipton, also appointed by Trump, on Tuesday sided with Texas Attorney General Ken Paxton, a Trump loyalist who challenged Biden’s temporary stay of deportations.
The national reach of Tipton’s order further intensifies debate over the large-scale actions against the executive power imposed by a single judge, which were the bane of the Trump administration.
“These nationwide injunctions thwarted presidential politics for much of the president’s tenure with no clear end in sight,” then Attorney General William Barr said in a 2019 speech.
Lawyers for Trump’s Justice Department have consistently been successful in convincing the Supreme Court to lift these injunctions, although this sometimes takes months. The Conservative Supreme Court majority may not be as sympathetic to Biden’s businesses as they are to Trump’s.
As Biden promotes new agendas and encounters legal objections, there is no denying that they will be resolved by lifelong judges, 30% of whom were appointed by Trump.
Challenge on the suspension of evictions
The break on deportations, announced immediately after Biden’s inauguration, reflects a desire to dismantle Trump’s anti-immigrant practices. Biden also halted construction of the southern border wall.
Department of Homeland Security officials said the 100-day suspension of deportations would allow the administration to review current practices and ensure “a fair and efficient immigration enforcement system focused on protecting the population. national security, border security and public security “.
The moratorium, which began last Friday – the day Paxton filed a lawsuit – excludes certain categories of individuals, including those who came to the United States after November 1, are suspected of terrorism or espionage or constitute a danger to national security, and waived rights to remain in the United States.
It is not clear whether such recent agreements with various states could be legally enforced. Tipton said he would need more time and additional legal information to look into the matter as he sets the 14-day temporary restraining order.
More importantly, Tipton agreed with Texas that the suspension appeared to violate the administrative procedure law’s guarantees against “arbitrary and capricious” executive action.
The January 20 memorandum “not only ignores potential policies that are more limited in scope and time, but it also fails to provide a concrete and reasonable justification for a 100-day break on evictions,” Tipton wrote.
Tipton said Texas has shown the policy could hurt it because of the millions of dollars it spends on social services and other state benefits for undocumented immigrants.
Regarding the imposition of a national order, he wrote that “the 100-day break clearly affects national immigration policy, which demands uniformity.”
Regardless of Roberts’ statement, the fact remains that Biden may find a court system skeptical.
Trump has occupied 177 of 682 district court judges and 54 of 179 appeals court judges, according to data compiled by Russell Wheeler of the Brookings Institution – in addition to the three new Supreme Court justices.
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