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HOUSTON (AP) – A federal judge on Tuesday night banned President Joe Biden’s administration from enforcing a 100-day moratorium on most evictions.
U.S. District Judge Drew Tipton issued a preliminary injunction sought by Texas, which argued that the moratorium violated federal law and could impose additional costs on the state.
Biden proposed the 100-day deportation hiatus during his campaign as part of a broader review of immigration law enforcement and an attempt to reverse the former’s priorities President Donald Trump. Biden proposed a sweeping immigration bill that would legalize about 11 million people living illegally in the United States. It also instituted other guidelines on who should target immigration and border officials for law enforcement.
Tipton, a person appointed by Trump, initially ruled on Jan.26 that the moratorium violated federal administrative procedure law and that the United States had not shown why a stay of deportation was warranted. A temporary restraining order issued by the judge was due to expire on Tuesday.
Tipton’s decision did not require evictions to resume at their previous pace. Even without a moratorium, immigration agencies have great latitude in enforcing referrals and processing cases.
But in the days following his decision, authorities deported 15 people to Jamaica and hundreds more to Central America. The Biden administration also continued to deport immigrants as part of a separate process initiated by Trump officials, who invoked public health law due to the coronavirus pandemic.
The legal fight against the deportation ban is an early sign of Republican opposition to Biden’s immigration priorities, just as Democrats and pro-immigrant legal groups fought Trump’s proposals. Almost four years before Tipton’s order, Trump signed a travel ban from seven predominantly Muslim countries, causing chaos at airports. Legal groups have successfully sued to stop the implementation of the ban.
It was not immediately clear whether the Biden administration will appeal Tipton’s latest decision. The Justice Department has not requested a stay of Tipton’s previous interim restraining order.
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