Judge asks Biden administration to clarify stay deportation order

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Over the weekend, Texas, which is suing the Biden administration, submitted a Fox News report to the court that cited an internal email asking immigration and customs officials to “release them all, immediately. “.
The Department of Justice submitted the correspondence, which came from the Houston field office, Monday afternoon. An official appears to inform employees of the moratorium announced the day before, telling them to “stop all dismissals” from midnight, but this email is then followed by another official calling for the directive to be immediately withdrawn.

“Please ask your supervisors to follow the published 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 fit perfectly in the directive will be forwarded through me to headquarters for further discussion and decision. ”

Earlier on Monday, the Justice Department told the court that some undocumented immigrants who were subject to removal orders had been released, but in a separate dispute over Covid-19. The Department of Homeland Security has discretion as to who it releases, the DOJ added.

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“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.

Judge Drew Tipton asked the DOJ to confirm whether the email, cited by Fox, existed and to deliver it to court, if so. “News reports are not proof,” Tipton said.

The back-and-forth stems from a lawsuit, brought by Texas Attorney General Ken Paxton, shortly after President Joe Biden took office, challenging one of Biden’s early immigration actions: a pause on evictions.

In his complaint, Paxton cited an 11-hour deal between Texas and the Trump administration that required DHS to consult with the state before making any changes and allowing states to buy into policy making. Texas says it will incur a fee if undocumented immigrants are not returned.

In a filing over the weekend, Biden’s Justice Department rebuffed Paxton’s claims, calling the agreements, signed by Ken Cuccinelli, then Homeland Security’s second-largest, “invalid” and “unenforceable.” .

“Texas is seeking extraordinary relief to enforce an invalid contract that illegally purports to give the state full federal authority over state and county immigration enforcement,” the record read.

“The Department of Homeland Security (” DHS “) did not have the authority to cede control of federal immigration policy to Texas, and Texas does not have the authority to require the specific execution of this contract in the form of a nationwide temporary restraining order (“TRO”), “he continues.

Texas attorney general sues Biden administration over deportation stay

The administration also argued that Texas had not shown it would be harmed by the moratorium and had no standing.

The 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 States -United or have been deemed revocable by the acting director. , according to an agency note. The purpose of the break is to allow time for internal examination.

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

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

This story has been updated with emails related to Immigration and Customs.

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