Washington.
The President’s “fair and humanitarian” immigration policy, Joe Biden, suffered its first judicial setback in Texas, where a federal judge appointed by former President Donald Trump indefinitely and nationally blocked the 100-day suspension of deportations enacted by the Democratic president.
Judge Drew Tipton’s order in Corpus Christi may be challenged for the Federal Court of Appeals for the Fifth Districtconservative, especially with the arrival of new magistrates appointed by Trump, although the civil rights advocacy group Civil Liberties Union (ACLU) indicated that it is studying the options.
Tipton’s ruling applies nationwide and remains in effect for as long as the case goes to court or until there is a new decision in a higher court.
The pause in deportations was counted among the decrees signed by Biden when he became president on January 20 and immediately found himself in a lawsuit from the Attorney General of Texas, Republican Ken Paxton.
On Jan. 26, Tipton issued a temporary injunction blocking the suspension of deportations, citing a last-minute agreement signed by the Trump administration and several states requiring 180 days notice of any change in immigration practices.
The lawyers of biden government They have argued that this pact was illegal and not mandatory because no state has veto power over Washington’s authority on migration, which is the exclusive competence of the federal government.
Anyway, this decision from Tipton it has a positive aspect for Biden’s government as it “does not prohibit the government from implementing or abiding by the decree of 20 January”.
This includes a full review of the Department of Homeland Security (DHS) policies and practices regarding the immigration
Groups advocating for migrants have also pointed out that the Biden’s government, which has continued the deportations, has the power not to carry out the already ordered deportations, with decisions on a case by case basis.
Tipton’s first warrant lasted 14 days, then the judge extended it to Tuesday and a few hours after this deadline, the magistrate announced an indefinite extension.
But this time around, Tipton disregarded the legality of the Trump-era deal, instead claiming that Biden’s decree exceeded presidential powers by suspending or amending a federal law requiring expulsion within 90 days of the deportation order has been signed.
the same Tipton qualified the decree of Biden as arbitrary and capricious and without the necessary analysis of the reasons for the interruption of deportations and their impact.
The very fact that the pause in the deportations was declared within hours of Biden’s inauguration, the judge added in his 105-page ruling, shows that “there was not much time left for reflection and analysis.”
The federal government “neither cites nor finds other instances where a government agency ceased for 100 days from its essential duties and functions to re-evaluate its priorities.”
It is last week Ministry of Homeland Security released the new temporary priorities for deportations as the Biden administration is re-evaluating its predecessor’s immigration policies.
These priorities include the deportation of persons who pose a threat to national security, who have committed crimes and are a threat to public safety, or who are associated with criminal gangs, as well as immigrants who have just crossed the border illegally.
The Civil Liberties Union (ACLU) denounced Judge Tipton’s decision, and Kate Huddleston, an attorney for this Texas-based organization, said Paxton wants the Biden administration to “continue the xenophobic policies of former President Trump.”
“By allowing these deportations to continue, it means that there will be separated families and that people who have the ability to seek help in the United States will be endangered,” he added.