Federal Judge Drew Tipton, a Trump appointee has blocked the Biden administration immigration enforcement priorities that directed border agents to put their focus on those illegal migrants with serious criminal records.
Per The Hill:
The Biden administration in two memos directed U.S. Immigration and Customs Enforcement (ICE) agents to focus on those deemed a threat to public safety.
But following a challenge from Texas and Louisiana, a U.S. district court judge in Texas ruled that border agents should be able to pursue migrants in “overlooked categories.”
In a brief that begins by quoting a 1996 Senate Judiciary Committee Report noting the need to enforce immigration laws, Judge Drew Tipton argues that agents cannot be required to prioritize some groups of undocumented individuals over others.”
Tipton wrote “Government has instructed federal officials that ‘shall detain’ certain aliens means ‘may detain’ when it unambiguously mean[s] must detain. Thus, the court inquires whether the executive branch may direct officials to enforce a law enacted by Congress in a way that is contrary to the plain language of the law. That inquiry yields a clear answer: it may not.”
“The States point out that the priority categories enumerated in these Memoranda omit certain others—namely, aliens convicted of serious drug offenses, aliens convicted of crimes of moral turpitude, and aliens subject to a final order of removal,” he also wrote.