By Allan Wall, January 28, 2021
Remember all the times that a federal judge would block one of President Donald Trump’s immigration measures?
Believe it or not, that’s just occurred under the new Biden Administration, as a federal judge has blocked Biden’s deportation moratorium executive order.
Can it really be?
On January 20th, Inauguration Day, Biden was successfully inaugurated as President. That same day his administration signed a number of executive orders.
One such order was Biden’s promised 100-day moratorium on deportations. This was a memo signed by David Pekoske, Acting Homeland Security Secretary. It would apply to almost everybody who had entered illegally before November.
I wouldn’t take the “before November” part too seriously. How would immigration authorities prove, even if the administration wanted them to, that somebody arrived before then?
What a great way to announce to Latin America and the world that Biden wants to open the gates!
For more discussion on the ramifications of this order, click here for a US INC blog post featuring a discussion between commentator Tucker Carlson and Stephen Miller, immigration policy advisor of the recently-disbanded Trump Administration.
But on January 26nd, lo and behold, a federal judge decreed a halt against the order, allowing at least two weeks to look it over.
The judge was U.S. District Judge Drew Tipton, a Trump appointee.
See how important it was for Trump to nominate judges, and not only to the Supreme Court?
We also have the state of Texas to thank for this decision. On January 22nd, just two days after the order was issued, the state of Texas, under authority of Texas Attorney General Ken Paxton, sued against the executive memo, on the grounds that the Biden administration had failed “to provide any concrete, reasonable justification for a 100-day pause on deportations.” [Judge Bars Biden From Enforcing 100-Day Deportation Ban, Associated Press, January 26, 2021.]
Furthermore, according to the AP, “Texas Attorney General Ken Paxton argued that the moratorium violated federal law as well as an agreement Texas signed with the Department of Homeland Security late in the Trump administration. That agreement required Homeland Security to consult with Texas for a period of 180 days before taking any action to ‘reduce, redirect, reprioritize, relax, or in any way modify immigration enforcement.’ Such a consultation with Texas did not take place, nor, obviously, was there any 180-day period, as the memo was signed on the day of Biden’s inauguration.
Similar deals, by the way, existed with Arizona, Indiana, and Louisiana.
See AG Paxton’s victory tweet here.
At minimum, the court decision would delay the moratorium for two weeks. Of course, the Biden Administration is already fighting to have its moratorium.
The Administration is already arguing that the Texas agreement with the Trump Administration is not enforceable.
But Judge Tipton was not basing his decision on the Texas/Trump Administration deal anyway, but on federal law. Imagine that.
On January 21st, the day after the inauguration and the day before the Texas lawsuit, Attorney General Paxton sent a letter to Acting Homeland Security Secretary Pekoske. (See here for the complete text of the letter.)
In the letter, Paxton pointed out the obvious fact that, “Border states like Texas pay a particularly high price when the federal government fails to faithfully execute our country’s immigration laws. Your attempted halt on almost all deportations would increase the cost to Texas caused by illegal immigration.”
So the 100-day moratorium is being contested, while another Biden order is being questioned. That’s the one about the border wall. According to Stephen Dinan of the Washington Times, “President Biden’s directive pausing border wall construction is probably illegal, several experts told The Washington Times, saying he has the power to cancel Defense Department money that was being funneled toward the project, but he went too far by halting construction paid for by money Congress had specifically approved for the wall.”
The Biden Administration has hit the ground running, with orders to quickly establish its agenda, but there is resistance. The question is, how will this back-and-forth unfold over the next few months?
Informed citizens concerned about our country’s safety and sovereignty need to keep a close watch on all these events.
Visit Allan’s website.