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Biden Administration Sustains Early Blow to Key Immigration Priority

Aline Barros

   WASHINGTON - The Biden administration's push to undo former President
   Donald Trump's restrictive and enforcement-focused immigration policies
   hit its first speed bump this week as a federal judge temporarily
   blocked a 100-day deportation moratorium.
   U.S. District Judge Drew Tipton issued a [1]temporary restraining order
   Tuesday after the Texas governor and attorney general challenged a U.S.
   Department of Homeland Security (DHS) memo directing immigration
   agencies to halt most deportations of undocumented immigrants.
   The court said the Biden administration had failed "to provide any
   concrete, reasonable justification for a 100-day pause on
   deportations."
   [2]Tipton, a Republican appointed by Trump, paused the policy for at
   least 14 days while he considered the lawsuit for a preliminary
   injunction.
   Why did Texas state officials sue?
   The 100-day moratorium, which went into effect January 22, was signed
   by Acting Homeland Security Secretary David Pekoske and applied to most
   individuals who entered the United States without authorization before
   November 2020.
   President Joe Biden directed the DHS to focus on public safety threats,
   national security and anyone apprehended while illegally entering the
   U.S. after November 1.
   Texas Attorney General Ken Paxton argued the memo violated both federal
   law and an agreement Texas signed with the Trump administration days
   before Biden's inauguration.
   The agreement required DHS to provide notice about any immigration
   changes with Texas and other border states and jurisdictions before
   making any changes that could "reduce, redirect, reprioritize, relax,
   or in any way modify immigration enforcement."
   Tipton's order, however, did not address the agreement, and the Biden
   administration does not recognize it as legally binding, arguing a
   previous administration cannot tie the hands of a current one on
   matters of federal policy.
   As a general matter, the federal government has [3]broad discretion
   when deciding whether or not to deport a person. But Texas argued the
   deportation pause was "arbitrary and capricious" and did not follow
   established procedure.
   "The Court agrees with Texas," Tipton said. "Federal administrative
   agencies are required to engage in 'reasoned decision-making.'"

References

   1. https://www.courtlistener.com/recap/gov.uscourts.txsd.1811836/gov.uscourts.txsd.1811836.16.0_1.pdf
   2. https://www.judiciary.senate.gov/imo/media/doc/Drew%20Tipton%20SJQ%20-%20PUBLIC.pdf
   3. https://fas.org/sgp/crs/misc/R42924.pdf

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