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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