Federal Judge Blocks Biden’s Deportation Pause Until Further Notice

After putting a temporary restraining order on President Biden’s 100-day hold on deportations earlier in February, U.S. District Court Judge Drew Tipton ruled that the Biden administration cannot enforce the new policy until further notice.

The decision comes after Texas Attorney General Ken Paxton sued the Biden administration, claiming that the new directive violated an agreement made between Texas and the federal government during the Trump administration.  The agreement required the federal government to notify Texas at least 180 days before making any changes to immigration enforcement.

Paxton also alleged that the 100-day hold on immigration would negatively affect Texas much more than the federal government or most other states, pointing out the increased financial costs of detaining immigrants that would have been deported under current immigration policies.

Judge Tipton originally ruled to place a temporary restraining order on Biden’s policy, which was later extended, and now will remain in place until the case is resolved or a decision is issued.

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,” Tipton wrote in his ruling.

Tipton added, “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.”

In January, White House Press Secretary Jen Psaki said that the 100-day hold on deportation “will allow the administration to review and reset enforcement policies and ensure that resources are dedicated to the most pressing challenges, and that we have a fair and effective enforcement system rooted in responsibly managing the border and protecting our national security and public safety.”