A federal judge has granted a temporary restraining order enjoining the U.S. Department of Homeland Security from implementing a 100-day pause on deportations for certain noncitizens.
On Tuesday, U.S. District Judge Drew B. Tipton granted the order requested by Texas in a filing made Friday — two days after President Joe Biden signed a memorandum putting a 100-day moratorium of deportations of certain noncitizens.
“This TRO is granted on a nationwide basis and prohibits enforcement and implementation of the policies described in the January 20 Memorandum… Immediate 100-Day Pause on Removals,” the court record shows. “…In every place Defendants have jurisdiction to enforce and implement the January 20 Memorandum.”
In granting the order, Tipton did not address the main argument made by Texas — which was that Texas and other jurisdictions entered into an agreement with DHS — and that the government was breaking its own pledge when Biden signed memos and executive orders related to immigration on Day One.
Instead, the court cited the Administrative Procedures Act as its reasoning for granting the order.
“…The Court finds that a TRO maintaining the status quo as it existed prior to the implementation of the January 20 Memorandum’s 100-day pause is appropriate under the (APA)…” the record shows.
The state of Texas filed the lawsuit five days before Biden took office. It refers to a pledge made by the Trump administration with Texas, Arizona, Louisiana, Indiana, and Rockingham County, in North Carolina that required DHS to provide 180-day written notice before enacting any immigration policy changes and that diverts power to these jurisdictions.
The government, among other things, claimed during a hearing Monday morning that the pledge made by these jurisdictions with an outgoing administration is unenforceable.
During that hearing, Tipton asked the government to also provide data related to how many people are in custody and awaiting deportation orders, among other statistics.
Texas argues in its lawsuit against DHS that the moratorium would cause the state irreparable harm, but did not list specifics.
The plaintiff claims “when DHS fails to remove illegal aliens in compliance with federal law, Texas faces significant costs,” and irreparable harm, the suit stated.
In a letter to DHS, Texas Attorney General Ken Paxton stated that the administration’s halt on “nearly all deportations of illegal aliens,” was a complete “abdication” of DHS’ obligations.
Representatives with the American Civil Liberties Union, who filed a supporting Amicus brief in the case, decried the ruling Tuesday, stating the lawsuit should not proceed.
“The administration’s pause on deportations is not only lawful but necessary to ensure that families are not separated and people are not returned to danger needlessly while the new administration reviews past actions,” ACLU attorney Kate Huddleston said in a release.
Additionally, the court requested parties be prepared with a briefing schedule by Thursday, the notes state.
