Judge Blocks Enforcement of Biden’s Moratorium on Most Deportations

President Joe Biden’s administration cannot enforce a pause on most deportations until further notice, a federal judge ruled late Tuesday.

U.S. District Judge Drew Tipton, a Trump appointee, agreed to issue a preliminary injunction that was requested by the state of Texas.

Acting Homeland Security Secretary David Pekoske directed in a memorandum on Jan. 20 “an immediate pause on removals of any noncitizen with a final order of removal … for 100 days.” Texas officials sued, alleging the pause violated an agreement between the state and the federal government reached during the Trump administration, and that the Department of Homeland Security has a responsibility to promote the removal of illegal aliens.

Tipton said Tuesday that arguments by Texas officials that they would incur financial costs from having to detain immigrants who otherwise would have been deported and from an increase in unaccompanied children requiring public education were legitimate.

“The Court finds Texas has established by a preponderance of the evidence that it could reasonably expect a 100-day pause to lead to a significant number of criminal aliens and unaccompanied children moving freely within and into Texas who would otherwise be removed,” he wrote in the 105-page decision.

“The 100-day pause will lead to a significant number of criminal aliens moving freely within and into Texas who otherwise would have been removed. Criminal aliens and state offenders have a demonstrable propensity to recidivate. Therefore, the 100-day pause will cause Texas unanticipated detention facility costs,” he added.

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