Posted on February 25, 2021

Federal Judge Deals Biden Another Blow on 100-Day Deportation Ban

Sabrina Rodriguez, Politico, February 24, 2021

A federal judge in Texas on Tuesday blocked President Joe Biden’s 100-day moratorium on most deportations, the latest blow to Biden on one of his signature campaign promises.

U.S. District Judge Drew Tipton, in a late-night ruling, granted a preliminary injunction that blocks the moratorium the Biden administration announced on its first day. It’s a victory for Texas Attorney General Ken Paxton, who filed a lawsuit against the federal government over the 100-day pause, which was announced in a memorandum from the Department of Homeland Security three days into the Biden administration.

Last month, Tipton quickly issued a 14-day temporary restraining order — which he later extended an extra two weeks — to stop the moratorium from being enforced. {snip}


The preliminary injunction applies to the entire country, not just Texas. It will remain in place as the case moves forward or until there’s a new order from a higher court.


The ruling was not without a bright spot for Biden. Tipton did not block the entire DHS memo, explicitly saying in his ruling that: “This Order does not prohibit the Government from carrying out or adhering to the January 20 Memorandum’s other sections,” including a DHS-wide review of policies and practices tied to immigration enforcement and interim civil enforcement guidelines.

Last week, the Biden administration issued new enforcement guidance that would require U.S. Immigration and Customs Enforcement to focus on immigrants who pose a national security, border security or public safety risk — a major shift away from the Trump administration’s more aggressive enforcement approach.