Under the direction of the Biden Administration, the Department of Homeland Security (DHS) issued a 100-day moratorium on deportation as a campaign promise and to pave the way for Democratic immigration policies. The moratorium would, DHS claims, allow it to reset its priorities. Deviating from Trump's policies, the Biden Administration wishes to focus on protecting undocumented immigrants who have lived in the US for a long time while preserving public safety. This is reflected in the 100-day ban on deportation, which applies to those apprehended before Nov. 1, but not others who may pose a national security risk or entered the US after Nov. 1.
However, US District Judge Drew Tipton, a Trump appointee, issued a temporary restraining order preventing the 100-day ban from being implemented for 14 days after the state of Texas sued DHS for instructing immigration agencies to pause deportations. Tipton argued that there was insufficient reasoning behind the moratorium and that it would have violated a federal immigration law that requires the deportation of noncitizens within 90 days of the deportation being issued by an immigration judge.
Texas Attorney General Ken Paxton, who led the argument against the 100-day ban, claimed that not only was federal law violated by the deportation ban, but also an agreement between DHS and Texas made before Trump left office. Under the agreement, DHS would consult with the state before exercising any changes in immigration policy. The Biden Administration and other legal experts, however, argue that an outgoing administration should not have the power to interfere with the policy goals of an incoming administration. The administration believes it has the ultimate discretion to implement immigration policy and that DHS has no right to surrender its control to a state. Tipton noted that the violation of this agreement was not part of his rationale and needs further examination.
Nevertheless, the restraining order was an early blow to Biden's immigration policy. In response, Paxton, also a right-wing Trump loyalist, says,
VICTORY.
— Attorney General Ken Paxton (@KenPaxtonTX) January 26, 2021
Texas is the FIRST state in the nation to bring a lawsuit against the Biden Admin.
AND WE WON.
Within 6 days of Biden’s inauguration, Texas has HALTED his illegal deportation freeze.
*This* was a seditious left-wing insurrection. And my team and I stopped it.
While a final ruling has yet to be issued, it has nevertheless been proven that Biden's plan for immigration will face multiple challenges by conservatives in the foreseeable future through the judicial system. Biden's defeat is a reminder of Trump's legacy in the judiciary, specifically how Trump's judicial appointments, which include ideologues, establish a conservative nature in the courts that will impede Biden's advancement of his agenda.
1 comment:
Lawsuits against administrations are not uncommon. This is merely a bump in the road that will not effect the rest of Biden’s immigration plans. I think it’s important to note that AG Ken Paxton is currently under investigation for "abuse of office, bribery and other potential criminal offenses." This charge was placed by seven different agency leaders. Paxton has also been under indictment for over 5 years on security fraud. Both the Governor of Texas and the Lieutenant Governor have expressed concerns. I find it ironic that as the attorney general, or the top law enforcement of Texas, Paxton finds himself struggling with the law. Finding loopholes that favor his political motives in this struggle with the Biden administration is almost no different than him finding loopholes to keep himself innocent for over five years.
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