U.S District Judge Drew Tipton just put an indefinite ban on the enforcement of President Biden’s 100-day pause on deportations of illegal immigrants. He previously issued a two-week restraining order on the policy after Texas Attorney General Ken Paxton argued that it was in violation of federal law and that the Department of Homeland Security must consult Texas before implementing such measures.
The pause violates a contractual agreement between Texas and DHS that the state must be consulted before reducing immigration enforcement or pausing deportations. The court adds that a near-complete suspension of deportations would only serve to endanger Texans and the community at large.
“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.
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Texas argued that President Biden’s executive actions would create a financial burden on the state and violate several administrative procedures and laws for the role of deportation in enforcement. He said anticipated costs for non-citizens to be released instead of deported would be higher than jailing those charged with crimes and for teaching children in public schools.
“Texas has established by a preponderance of the evidence that it could reasonably expect a 100-day pause to lead to a significant number of criminal aliens and unaccompanied children moving freely within and into Texas who would otherwise be removed,” the judge wrote.
Tipton’s ruling points out that the core failure of DHS is not in the January 20 Memorandum itself, but rather its “omission of a rational explanation grounded in the facts reviewed and the factors considered.” He said the DHS memo failed to provide any concrete or reasonable justification for a 100-day pause.
The 100-day pause was one of Biden’s largest campaign promises to reverse former President Trump’s immigration agenda, along with putting a halt on the border wall construction and providing citizenship for millions of illegal immigrants.
According to an end-of-the-year report by ICE Enforcement and Removal Operations, officers deported 185,884 migrants in 2020. 92% had criminal convictions or pending criminal charges, including 4,276 known or suspected gang members and 31 known or suspected terrorists.
Biden’s broad “pause” would exclude those who have engaged in terrorism or “serious crime,” but is ultimately determined by ICE. ICE agents must need pre-approval from managers to arrest some illegal immigrants if they do not fall into categories similar to those exempt from the deportation freeze. It does not explicitly prevent anyone from being arrested or deported, but acts as a temporary guidance until “This failure is fatal, as this defect essentially makes DHS’s determination to institute a 100-day pause on deportations an arbitrary and capricious choice,” Tipton adds.
Dems tried to stop Trump from enforcing the law and now Texas has to stop Biden for not enforcing the law.