Court blocks Biden’s immigration orders
ACLU files a brief criticizing the ruling
WASHINGTON — A federal judge blocked President Joe Biden’s 100-day deportation “pause” Tuesday, dealing a blow to one of his administration’s most significant immigration orders.
Judge Drew Tipton, a Trump appointee, granted a temporary restraining order sought by Texas Attorney General Ken Paxton, a Republican. The order will be in effect for 14 days while the judge considers a broader motion by the state for a preliminary injunction.
Paxton, a close Trump ally, immediately celebrated the ruling as a “victory” and declared Texas “the first state in the nation to bring a lawsuit against the Biden (administration).”
As one of his first executive actions, Biden ordered U.S. Immigration and Customs Enforcement to halt most deportations from the United States for 100 days.
The “pause” was intended to allow ICE to change enforcement priorities. It did not apply to border-crossers who arrived at the U.S. after Nov. 1, and allowed for exceptions involving matters of national security.
Paxton said the moratorium would inflict immediate harm on his state, and the measure violated an agreement he and Republican Gov. Greg Abbott signed with Ken Cuccinelli, acting deputy secretary of the Department of Homeland Security at the time, less than two weeks before Biden was sworn in.
In his ruling, Tipton called the issues raised by the agreement “of such gravity and constitutional import that they require further development … and briefing prior to addressing the merits,” and ordered ICE to return to its status quo posture.
The ACLU, which led legal opposition to Trump’s immigration policies and filed a brief opposing Paxton, criticized the ruling.