Judge Blocks Biden’s Moratorium on Deportations

Federal judge blocks 100-day moratorium on deportations

Biden planned to freeze deportations for 100 days

Since the Democratic candidate, Joe Biden, launched his political campaign for the November 2020 election, he highlighted the importance of reforming the immigration system to repair the damage done by the Trump administration and honor the values of the US as an immigrant nation.

President Biden took office on January 20, 2021 and an important part of his campaign is the immigration sector, including the detention and deportation system both at the borders and within the country. In order to restructure the way the federal government approaches irregular immigration, Biden proposed freezing deportations for 100 days, so his team could create strategies and action plans to handle removals in a different way than Trump.

In fact, before the presidential elections, Biden had already shared his plan to halt deportations in order to improve immigration enforcement without violating human rights. From day one in office, President Biden reversed several restrictive policies on the immigration system, just as he had promised.

Speaking specifically about deportations, Biden’s DHS (Department of Homeland Security), through a memo, ordered ICE (Immigration and Customs Enforcement) to freeze final removal orders for eligible immigrants for 100 days no later than Friday, January 22.

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Texas Attorney General filed legal complaint against moratorium on deportations

The 100-day moratorium on deportations unleashed a wave of controversy among several members of local governments, who state that freezing mandatory removals is against immigration law and could affect national territory.

For instance, Texas Attorney General, Ken Paxton, filed a legal complaint and a motion for a TRO (Temporary Restraining Order) to suspend Biden’s 100-day moratorium on deportations. The Attorney General argues that states like Texas, which surround the borders, would be tremendously affected by this rule and freezing removals could pose a threat to the American population.

Adding to that, the Attorney General stated that the government has an obligation to comply with immigration law, including deportation processes for individuals who violated the local immigration system by crossing borders without prior authorization.

Federal judge blocks 100-day moratorium on deportations

On Tuesday, January 26, Federal Judge Drew Tipton suspended Biden’s 100-day moratorium on deportations, arguing that Attorney General Paxton was right about the risk present in states like Texas.

The federal judge declared that this Temporary Restraining Order will be in effect nationwide for 14 days, while the legal dispute filed by the Texas Attorney General is resolved.

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