Posted on January 26, 2021

Federal Judge Appointed by Donald Trump Strikes Down Joe Biden’s 100-Day Deportation Moratorium

Associated Press, January 26, 2021

A federal judge in Texas on Tuesday temporarily blocked a move by President Joe Biden to halt the deportation of certain immigrants for a 100-day period, a swift legal setback for his ambitious immigration agenda.

U.S. District Judge Drew Tipton, an appointee of former President Donald Trump in the Southern District of Texas, issued a temporary restraining order that blocks the policy nationwide for 14 days following a legal challenge by Texas.

The Biden administration is expected to appeal the ruling, which halts the policy while both parties submit briefs on the matter.

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The 100-day moratorium went into effect Friday and applied to almost anyone who entered the U.S. without authorization before November.

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In a complaint filed on Friday, Texas Attorney General Ken Paxton said the state would face irreparable harm if the deportation freeze was allowed to go into effect.

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Tipton said in the order on Tuesday that Texas had ‘a substantial likelihood of success’ on at least two of its claims, including that the deportation freeze violated a federal immigration law stating that authorities ‘shall remove’ immigrants with final deportation orders within 90 days.

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During Trump’s presidency, Democrat-led states and other opponents of his immigration policies were able to thwart or delay many initiatives through legal challenges. Texas is expected to contest Biden’s agenda in a similar fashion.

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