For the second time in a month, a Trump-appointed federal judge has blocked the Biden administration’s 100-day moratorium on most deportations.
In a long series of moves, President Joe Biden has quickly erased many of the gains realized by the Trump administration when it comes to the southern border, putting America firmly back in the business of being a magnet for illegal immigrants.
Or, as the Biden White House spins it, “bring order and humanity to our immigration enforcement system.”
One of the first pro-illegal immigrant moves taken by Biden was to temporarily halt most deportations, and U.S. District Judge Drew Tipton issued a 14-day pause on the policy last month in response to a lawsuit from Texas Attorney General Ken Paxton, according to CBS News.
Biden’s action shielded illegal immigrants facing deportation from being removed, as long as they entered the country before Nov. 1, 2020. Only those who pose a national security risk or are suspected of terrorism or espionage would be deported.
Late Tuesday, Tipton indefinitely banned the administration from enforcing the 100-day deportation moratorium, the network reported.
“In many ways, this case is about the proper limits of governmental power,” Tipton said in the 105-page order.
The judge said Texas is likely to prevail in claiming that the Department of Homeland Security under Biden violated the Administrative Procedure Act by failing to provide a reasoned justification for the policy, and that it threatens the state with financial harm.
“[T]he core failure of DHS lies not in the brevity of the January 20 Memorandum or the corresponding administrative record, but instead in its omission of a rational explanation grounded in the facts reviewed and the factors considered,” Tipton wrote. “This failure is fatal, as this defect essentially makes DHS’s determination to institute a 100-day pause on deportations an arbitrary and capricious choice.”
As for the additional costs, Tipton pointed to education, saying Texas spent between $26.7 million and $112.1 million on unaccompanied migrant children in recent years — costs that increase under Biden’s plan.
“Texas incurs real financial costs in providing public education to unaccompanied children,” the judge said. “The record demonstrates that an increase in the number of unaccompanied children in Texas due to the 100-day pause would lead to an increase in its public education costs.”
The White House responded to the ruling in a statement.
“We’re confident that as the case proceeds, it will be clear that this measure was wholly appropriate in ordering a temporary pause to allow the agency to carefully review its policies, procedures, and enforcement priorities – while allowing for a greater focus on threats to public safety and national security,” the release said.
Democrats introduced a sweeping immigration bill last week with an 8-year pathway to citizenship — see amnesty — for those in the country illegally.
Other benefits to those who skirt U.S. immigration laws include an expedited path to citizenship for DREAMers and farm workers, and repealing the penalty that prohibits illegal immigrants who leave the country from returning to the U.S. for between three and 10 years.
The proposal also looks to replace the word “alien” with “non-citizen” in U.S. law.
Biden has revived the so-called “catch and release” system, and he’s looking to raise refugee admissions to 62,500 for the current budget year, up from 15,000 under the previous administration.
Former Acting Homeland Security Secretary Chad Wolf appeared on “Fox & Friends” earlier this month to say border crossings under Biden are already at a crisis level.
“The situation on the border right now is very dangerous. CBP is facing a little over 3,000 and in some cases, 3,500 individuals coming across the border illegally every day,” he said.
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