Trump-Appointed US District Judge Blocks Biden's 100-Day Moratorium On Deportations
The judge ruled that the Jan. 26 moratorium is a violation of federal law on administrative procedure.
February 24, 2021 at 7:40 pm
U.S. District Judge Drew Tipton issued a preliminary injunction on Tuesday to block President Joe Biden's 100-day moratorium on most deportations cases. The injunction, which was sought by Texas, determined that the moratorium violated federal law and imposed the risk of additional costs on the state, the Associated Press reported.
The 46th President ordered the 100-day moratorium on deportations during his first day in office, continuing with his promise to wipe out former President Donald Trump's policies. But the Trump-appointed judge ruled on Jan. 26 that the moratorium is a violation of federal law on administrative procedure. Tipton also said the U.S. failed to show why a deportation pause was justified. The judge then issued a temporary restraining order, which is set to expire on Tuesday.
While the Biden administration hasn't confirmed if it will appeal Tipton’s latest ruling, the Justice Department didn't seek a stay of Tipton’s earlier temporary restraining order.
According to Politico, the court's ruling favors Texas Attorney General Ken Paxton, who filed a lawsuit against the federal government over the 100-day pause.
“This preliminary injunction is granted on a nationwide basis and prohibits enforcement and implementation of the [100-day pause] in every place defendants have jurisdiction to enforce and implement the January 20 Memorandum,” Tipton wrote in the 105-page ruling.
The preliminary injunction, which applies to the entire country, will remain as the case moves forward or until there's a new ruling from a higher court.
Cody Wofsy, a staff attorney with the ACLU’s Immigrants’ Rights Project, said the "ruling is legally wrong and will seriously harm families and communities around the country.”
“Texas’ suit is an attempt to deprive the Biden administration of a meaningful opportunity to review and assess immigration enforcement after years of living under lawless Trump policies,” Wofsy said in a statement.
Biden's 100-day pause was part of a larger memorandum that directs the Department of Homeland Security to conduct a review of policies and practices concerning immigration enforcement.
"The United States faces significant operational challenges at the southwest border as it is confronting the most serious global public health crisis in a century," the Jan. 20 memorandum stated. "In light of those unique circumstances, the Department must surge resources to the border in order to ensure safe, legal and orderly processing, to rebuild fair and effective asylum procedures that respect human rights and due process, to adopt appropriate public health guidelines and protocols, and to prioritize responding to threats to national security, public safety, and border security."
While halting the 100-day ban, Tipton said the court didn't block the entire DHS memo, still allowing a review of policies and practices tied to immigration enforcement and interim civil enforcement guidelines.
“This order does not prohibit the government from carrying out or adhering to the January 20 memorandum’s other sections,” the ruling stated.
According to CBS News, Biden is aiming to allow legal status to an estimated 11 million undocumented people who live in the United States. The president's Jan. 20 memo excluded individuals who came to the U.S. after Nov. 1, as well as those suspected of terrorism or espionage or pose a danger to national security and those who have waived rights to remain in the U.S. or who've been determined removable by the acting director.