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Federal judge nixes moratorium on deportations

On Behalf of | Mar 1, 2021 | Immigration |

In a setback to the Biden administration’s plan to revise the country’s immigration system, a federal judge on Feb. 23 in Texas blocked the president’s 100-day moratorium on deportations. The case came to the forefront after Texas Attorney General Ken Paxton filed a lawsuit against the U.S. government.

In Tipton’s ruling, the federal judge sided with Paxton, declaring that the suspension of deportations threatened financial harm in Texas. The moratorium, Tipton ruled, also violated certain administrative laws and procedures. The federal judge of the U.S. District Court for the Southern District of Texas, Tipton took office in June after former President Trump appointed him.

Ruling encompasses entire country for now

In his ruling, Tipton declared that the Biden administration’s moratorium on deportations was “arbitrary and capricious.” And since this is a federal case, Tipton’s ruling encompasses the entire country and remains in place until any potential changes surface from a higher court.

Tipton’s ruling does not apply to the overall memo from the Department of Homeland Security (DHS). For example, the DHS can continue with its review of certain policies related to immigration enforcement and temporary civil enforcement rules.

One such example occurred a week prior to Tipton’s ruling. That is when the Biden Administration declared new enforcement guidelines requiring U.S. Immigration and Customs Enforcement to concentrate on immigrants considered security and safety risks.

The ruling was not unexpected as the development represents the latest phase in the case. In January, Tipton dealt a similar blow to Biden’s plan by ordering a two-weeklong restraining order that prevented enforcement of the 100-day moratorium. Judge Tipton declared that the DHS had not provided sufficient justification for the moratorium.