Federal judge extends ban on Biden plan to pause deportations of illegal immigrants for 100 days

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President Joe Biden’s administration's efforts to pause deportations of illegal immigrants stumbled when a federal judge extended a ban on its imposition following a lawsuit from Texas.  

U.S. District Judge Drew Tipton has placed an indefinite ban on the enforcement of Biden’s January 20 memorandum that would have placed a 100-day moratorium on deportations, including sex offenders.  

According to Fox News, Tipton previously issued a two-week restraining order on the policy in response to a lawsuit by Texas Attorney General Ken Paxton, who argued that it violated federal law. Texas had an agreement with the Department of Homeland Security requiring that the state be consulted before the implementation of such a policy.  

During his campaign, Biden promised a 100-day pause on deportations as part of his immigration agenda, which includes a halt on the construction of Trump’s border wall, an end to the Migrant Protection Protocols and a pathway to citizenship for millions of illegal immigrants. 

According to the head of Immigration and Customs Enforcement, the moratorium would exclude those engaged in terrorism or espionage or who pose a danger to national security. The moratorium would also exclude illegal immigrants who were not present in the United States before Nov. 1, 2020, those who agreed to waive the right to remain and those who the director of ICE determined needed to be removed by law.  

Texas argued that the policy violated the Constitution, as well as federal law. In the final days of Trump’s presidency, Texas and the DHS signed an agreement that the state would be consulted before reducing immigrant enforcement or pausing deportations.  

According to Fox News, the DHS is required to provide Texas with 180 days notice before any proposed change to the reduction of immigration enforcement or increase in the number of “removable or inadmissible aliens.” Paxton argued that the agreement was violated by the Biden administration’s policy.  

"Our state defends the largest section of the southern border in the nation. Failure to properly enforce the law will directly and immediately endanger our citizens and law enforcement personnel," said Paxton in January.

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