U.S. Judge Drew Tipton has temporarily halted the Biden administration’s 100-day moratorium on certain deportations in an early legal battle over the new president’s immigration policy.
Per CBS News “the moratorium, one of Mr. Biden’s campaign promises, shielded most immigrants facing deportation from being removed from the U.S., as long as they entered the country before November 1, 2020. It does not apply to those who pose a national security risk or are suspected of terrorism or espionage. Immigrants could also agree to voluntarily leave the country.”
Tipton was nominated by former President Trump. He said in his order he believed Texas was likely to succeed in arguing that the deportation pause was “arbitrary and capricious” and contrary to immigration law.
BREAKING — U.S. Judge Drew Tipton temporarily halts the Biden administration’s 100-day moratorium on certain deportations in an early legal battle over the new president’s immigration policy.
— Camilo Montoya-Galvez (@camiloreports) January 26, 2021
Justice department lawyers representing Biden had argued the legal agreement the Trump administration signed with Texas “invalid” and “unenforceable.”
“The federal government has plenary power over the enforcement of federal immigration law and an outgoing administration cannot contract away that power for an incoming administration,” they stated in a filing.