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Judge Indefinitely Bans Biden’s 100-Day Deportation Moratorium

Judge Indefinitely Bans Biden’s 100-Day Deportation Moratorium

The judge did not block the entire memo.

U.S. District Judge Drew Tipton indefinitely banned President Joe Biden’s 100-day deportation moratorium based on a lawsuit from Texas.

Tipton blocked the deportation freeze twice in the last month.

Texas Attorney General Ken Paxton argued that the deportation freeze violated federal law, the administration needed to consult the state before taking action, and that it would harm the state.

Tipton released his latest order, totaling 105 pages, late Tuesday night. He once again accepted Texas’s original argument against Section C: Immediate 100-Day Pause on Removals:

Tipton found that Texas had proved the 100-day deportation pause would threaten the state with financial harm — and that the moratorium, as rolled out, violated administrative laws and procedures.

“[T]he core failure of DHS lies not in the brevity of the January 20 Memorandum or the corresponding administrative record, but instead in its omission of a rational explanation grounded in the facts reviewed and the factors considered,” Tipton wrote. “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.”

For example, Tipton pointed out that harm against Texas is concrete because it “incurs real financial costs in detaining criminal aliens.” He also noted that Texas “holds criminal aliens and has demonstrated plans to continue doing so in the future.”

However, Tipton allowed three sections of Biden’s moratorium to stand:

A. Comprehensive Review of Enforcement Policies and Priorities
B. Interim Civil Enforcement Guidelines
D. No Private Right Statement

Tipton’s order applies to the entire nation. He ruled in his previous decisions that he had jurisdiction since people could travel to other states to avoid deportation.


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UnCivilServant | February 24, 2021 at 1:06 pm

I can’t wait to hear how this judge is overstepping his authority while those Hawaiian judges were a-okay.

I’m more curious as to what ICE is actually doing. Are they continuing the deportations, as under the ruling, or have they done a pause per the EO?

If I had to guess, I’d expect ICE to be following the EO in practice, rather than following the judge’s order, based on the reports of migrant half-way houses filling up with covid patients, but I haven’t seen any reporting on it one way or another.

Depends on the state is the answer to your question. Also, there was a gap prior to the judges order. What Texas has been doing: During the gap they ran out of testing kits, so for a good week or so they were putting people on busses out of state untested. Then the Texas gov managed to send them another large batch of kits, 10,000+ so they started testing again and deporting those they had pre existing deportation orders for.

    Ironclaw in reply to kyrrat. | February 24, 2021 at 3:37 pm

    Why bother testing them if you’re just going to deport them anyhow?

      Milhouse in reply to Ironclaw. | February 24, 2021 at 4:25 pm

      Because the moment they utter the magic words “I am a refugee” it’s illegal to deport them until they’ve had a hearing on their claim.

      And if they’ve got minors along it’s illegal to hold those minors in custody for more than 20 days, and if you release the kids without the adults (to whom they may or may not be related) you get the whole country upset that you’re separating families, so you have to release the whole set and hope they come back for their hearing, which of course they won’t.

Given how the Democrats “respect” the law, I’m sure they’ll just ignore the ruling.

It doesn’t matter.

The goal was to announce to the world that they can illegally cross the border again and overwhelm the system.

The goal has been accomplished.

They’ll be finding bodies and skeletons for weeks on the ranches around the Falfurrias checkpoint.