Texas Republicans work to block Biden's deportation ban
Democratic-led states and immigration groups fought former President Donald Trump over immigration in court, often successfully. Now, a federal judge in Texas has issued temporary restraining order to stop President Joe Biden's deportation moratorium.
Migrants return to Mexico, crossing from Brownsville, Texas, along the Puerta Mexico bridge over the Rio Grande river to Matamoros, Mexico, July 31, 2019. A federal judge has barred the U.S. government from enforcing President Joe Biden's 100-day deportation moratorium.
Emilio Espejel/AP
Houston
A federal judge on Tuesday barred the United States government from enforcing a 100-day deportation moratorium that is a key immigration priority of President Joe Biden.
U.S. District Judge Drew Tipton issued a temporary restraining order sought by Texas,聽which sued on Friday聽against a Department of Homeland Security memo that instructed immigration agencies to pause most deportations. Judge Tipton said the Biden administration had failed 鈥渢o provide any concrete, reasonable justification for a 100-day pause on deportations.鈥�
Judge Tipton鈥檚 order is an early blow to the Biden administration, which聽has proposed far-reaching changes sought by immigration advocates, including a plan to legalize an estimated 11 million immigrants living in the U.S. illegally. Mr. Biden promised during his campaign to issue the moratorium.
The order represents a victory for Texas鈥� Republican leaders, who often sued to stop programs enacted by Mr. Biden鈥檚 Democratic predecessor, President Barack Obama. It also showed that just as Democratic-led states and immigration groups fought former President Donald Trump over immigration in court, often successfully, so too will Republicans with Mr. Biden in office.
While Judge Tipton鈥檚 order bars enforcement of a moratorium for 14 days, it does not require deportations to resume at their previous pace. Immigration agencies typically have latitude in processing cases and scheduling removal flights.
The Department of Homeland Security referred a request for comment to the White House, which issued a statement saying the moratorium was 鈥渨holly appropriate.鈥�
鈥淧resident Biden remains committed to taking immediate action to reform our immigration system to ensure it鈥檚 upholding American values while keeping our communities safe,鈥� the White House said.
David Pekoske, the acting Homeland Security secretary, signed a memo on Mr. Biden鈥檚 first day directing immigration authorities to focus on national security and public safety threats as well as anyone apprehended entering the U.S. illegally after Nov. 1. That was a reversal from Trump administration policy that made anyone in the U.S. illegally a priority for deportation.
The 100-day moratorium went into effect Friday and applied to almost anyone who entered the U.S. without authorization before November.
Texas Attorney General Ken Paxton argued that the moratorium violated federal law as well as an agreement Texas signed with the Department of Homeland Security late in the Trump administration. That agreement required Homeland Security to consult with Texas and other states before taking any action to 鈥渞educe, redirect, reprioritize, relax, or in any way modify immigration enforcement.鈥�
The Biden administration argued in court filings that the agreement is unenforceable because 鈥渁n outgoing administration cannot contract away that power for an incoming administration.鈥� Mr. Paxton鈥檚 office, meanwhile, submitted a Fox News opinion article as evidence that 鈥渞efusal to remove illegal aliens is directly leading to the immediate release of additional illegal aliens in Texas.鈥�
Judge Tipton, a Trump appointee, wrote that his order was not based on the agreement between Texas and the Trump administration, but federal law to preserve the 鈥渟tatus quo鈥� before the DHS moratorium.
Mr. Paxton has championed conservative and far-right causes in court, including a failed lawsuit seeking to overturn Mr. Biden鈥檚 victory over Mr. Trump, as he himself faces an FBI investigation over accusations by top former aides that he abused his office at the service of a donor.
In response to the order, Mr. Paxton tweeted 鈥淰ICTORY鈥� and described the deportation moratorium as a 鈥渟editious left-wing insurrection,鈥� an apparent reference to the Jan. 6 insurrection in which Trump supporters stormed the Capitol as Congress was certifying Mr. Biden鈥檚 victory. The House has since impeached Mr. Trump for incitement of the siege. Five people died in the Capitol riot, including a Capitol Police officer.
Kate Huddleston of the American Civil Liberties Union of Texas criticized Mr. Paxton and argued his lawsuit shouldn鈥檛 be allowed to proceed.
鈥淭he administration鈥檚 pause on deportations is not only lawful but necessary to ensure that families are not separated and people are not returned to danger needlessly while the new administration reviews past actions,鈥� Ms. Huddleston said in a statement.
This story was reported by The Associated Press.