A federal judge in Texas instituted an indefinite ban on the Biden administration’s 100-day moratorium on most deportations.
U.S. District Judge Drew Tipton issued the preliminary injunction on Tuesday, halting the deportation freeze. He said the moratorium was in violation of federal law and risked imposing additional costs on the Lone Star State.
The Trump appointee’s decision poses another hurdle for the Biden administration’s plan to move away from former President Donald Trump’s border immigration policies. Still, the preliminary injunction does not force the Biden administration to continue deportations at the current rate.
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The administration’s 100-day moratorium on deportations is intended to offer the Department of Homeland Security time to direct its “limited resources” toward border security and priorities, including reassessing methods for handling asylum, according to a Jan. 20 memorandum.
The moratorium prompted a lawsuit from Texas Attorney General Ken Paxton, who argued the administration’s decision would violate constitutional law and would cause the state “immediate and irreparable harm.” A “higher number of illegal aliens in Texas,” the lawsuit alleged, “leads to budgetary harms, including higher education and healthcare costs.”
Tipton allowed Texas a temporary restraining order on Jan. 26, finding the deportation freeze violated administrative procedure.
“Texas has presented evidence it would suffer injuries for various reasons if an injunction is not entered,” Tipton wrote in his order last month. “Accordingly, the Court finds that, under the circumstances here, Defendants must be enjoined from executing the January 20 Memorandum’s 100-day pause on the removal of aliens in every place Defendants would have jurisdiction to implement it.”
Tipton extended the temporary suspension on the moratorium on Feb. 10.
A spokesperson for the Justice Department told the Washington Examiner on Wednesday the department “disagrees with the ruling and is considering next steps.”
Biden proposed an extensive immigration bill that would allow the legalization of an estimated 11 million people living in the United States illegally. The president has also instituted other guidance on whom immigration and border agents should target for implementation.
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The Washington Examiner contacted the White House but did not immediately receive a response.
