A federal judge issued a preliminary injunction late on Tuesday indefinitely halting the enforcement of the Biden administration’s 100-day moratorium on most deportations, dealing a major blow to Biden’s expansive immigration reform agenda which is likely to face vociferous opposition from Republican lawmakers across the country.

Judge Drew Tipton, a Trump appointee, issued a preliminary injunction sought by Texas, which had argued that the pause in most deportations violates federal laws governing how quickly people are removed after a deportation order is issued.

The injunction follows a temporary restraining order against the moratorium, which was unveiled in a January 20 memo Tipton had issued last month.

It is unclear if the Biden administration will appeal Tipton’s ruling, but the Justice Department had not sought a stay on the temporary order.

The judge, however, refused to throw out other parts of the January 20 memo that set new enforcement guidelines and called for a comprehensive review of existing policies.

Last month, the Department of Homeland Security unveiled its 100-day deportation moratorium hours after Biden’s inauguration. The move was part of a sweeping effort to reverse former President Donald Trump’s immigration policies. The moratorium was pitched as a means of giving DHS more time to reorder its priorities on enforcing immigration laws, however conservatives argued that the policy prevents the agency from removing people who pose a threat. Just hours after the policy went into effect, Texas filed a lawsuit challenging it.

Last week, the U.S. Immigration and Customs Enforcement issued an interim enforcement memo which sought stricter oversight on deportations by ICE agents. All ICE officers will now need preapproval from a senior manager before trying to deport anyone who is not a recent border crosser, a national security threat or a criminal offender with an aggravated-felony conviction. The narrower priorities, which will be in effect for the next 90 days, are expected to result in a drop in the total number of immigration arrests and deportations. (Source: Forbes)

Story Date: February 25, 2021