A lawsuit against the actions of the new administration was filed by the Attorney General of the State of Texas.
On Tuesday, federal judge Drew Tipton barred the Joe Biden administration from imposing a 100-day moratorium on deporting undocumented migrants. Judge Tipton issued the temporary injunction at the request of the State of Texas, which on Friday challenged a Department of Homeland Security memo ordering immigration agencies to suspend most deportations. The judge’s decision says the Biden administration failed to “pre-empt any concrete, coherent arguments in favor of a 100-day pause in deportations.”
Texas claims that the moratorium, which President Biden’s executive order imposed, violates an agreement signed in the last weeks of the Trump presidency and requires the federal government to make changes to immigration laws and then change policies in this area.
Tipton’s court order was the first blow to the Biden administration’s immigration plan, including a plan to legalize the estimated 11 million immigrants living in the United States illegally. During his presidential campaign, Biden promised to impose a moratorium on the deportation of “illegal immigrants” and signed a corresponding decree in the first days of his tenure.
The judge’s order represents a victory for the Republican leadership of Texas, which in the past has often filed lawsuits to suspend programs adopted by the administration of Democrat Barack Obama. It also shows that Republicans can fight President Biden in the same way that Democratic–led states and human rights groups have previously filed lawsuits and challenging presidential executive orders.
David Pekoske, the acting Secretary of Homeland Security, signed an executive order on the first day of Biden’s presidency directing immigration authorities to focus on threats to national and public safety, as well as on people who entered the United States illegally after November 1. With this order, the acting minister canceled the policy of the Trump administration, according to which all people who entered the country illegally were subject to deportation.
The one-hundred-day moratorium went into effect on Friday and applied to virtually all people who illegally entered the United States before November 1.
Texas Attorney General Ken Paxton said the moratorium is a violation of federal law and an agreement signed between the state of Texas and the Department of Homeland Security in the final weeks of the Trump presidency. The agreement required the Department of Homeland Security to consult with Texas and other border states before taking any action to “reduce, redirect, change priorities, weaken, or change any immigration laws.”