The Biden administration’s attempt to place deportations on a 100-day hiatus hit a wall when a federal court granted a temporary restraining order in a lawsuit filed by the state of Texas.
U.S. District Judge Drew B. Tipton said in a Tuesday order that the order of David Pekoske, acting secretary of home security, which removed the removal of those who already had the final charges from the Administrative Procedure Act , which determines how federal agencies carry out rule-making. The same law was also used to block a number of Trump administration actions.
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“The Court finds that, by ordering a 100 – day interruption on all removals of aliens who are already subject to a final removal order, it appears that the January 20 Memorandum is clearly inconsistent with or more if the power does not confer on the Attorney General in terms of 8 USC § 1231 (a) (1) (A). “
According to this law, the Attorney General has 90 days to have the individual evicted following an order of removal. Texas Attorney General Ken Paxton has argued that the Biden Government’s memorandum requiring a 100-day break violates the Administrative Procedures Act because it is “not in accordance with the law” and the government’s authority exceed.
The Biden administration argued that the 90-day time frame was not mandatory, but Tipton disagreed. He noted that the statutory language states that “when an alien is ordered to be removed, the Attorney General will remove the alien from the United States within a period of 90 days.”
“Here, ‘will’ have to mean, ‘” Tipton wrote.
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In addition, the judge said the decision to suspend deportations for 100 days apparently also violates the Administrative Procedure Act because it is ‘arbitrary and whimsical’.
“This January 20 Memorandum not only takes into account potential policies that are more limited in scope and time, but also offers no concrete, reasonable justification for a 100-day hiatus over deportation,” Tipton wrote. The judge noted that the administration claims that “unique circumstances” necessitate the interruption, so that DHS can ‘provide adequate staff and resources’ as well as ‘comply with COVID-19 protocols’, but that they do not explain why an interruption of 100 days would not help to achieve this.
The Administrative Procedure Act has been successfully implemented to block several sensational actions by the Trump administration, including attempts to end the 2020 score a month ahead of schedule, the ability of New Yorkers to participate in Trusted Traveler programs and the repeal change of asylum standards.
Because the judge believed that Texas was likely to be successful due to the arguments of the administrative procedure on Texas, he granted the temporary restriction, which provides for a nationwide 14-day ban. against maintaining the deportation interruption.
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Fox News reached the Department of Homeland Security for comment, but it did not immediately respond.
‘We are confident that, as the case progresses, it will be clear that this measure was entirely appropriate to grant a temporary pause so that the Agency could carefully review its policies, procedures and enforcement priorities – while placing a greater focus on threats made possible. to public safety and national security, ”a White House spokesman said. “President Biden remains committed to taking immediate action to reform our immigration system to ensure that it upholds American values while keeping our communities safe.”
Fox News’ Brittany De Lea contributed to this report.