Texas AG files lawsuit to block President Biden's 100-day pause on deportations of certain undocumented immigrants claiming the state will face 'irreparable harm'
The Texas attorney general has filed a lawsuit to block President Joe Biden's 100-day pause on deportations of certain undocumented immigrants, claiming the state will face 'irreparable harm'.
Ken Paxton sued the Biden administration Friday, citing an 11th-hour agreement between Texas and the outgoing Trump administration earlier this month that requires the Department of Homeland Security to consult with the state before making changes to immigration rules.
The suit is the first to be brought against one of the president's immigration actions, after he signed 17 executive orders within minutes of entering the Oval Office Wednesday - many of them reversing actions put in place by Donald Trump.
One of the first was a moratorium on certain deportations for his first 100 days, citing a need for time to 'ensure we have a fair and effective immigration enforcement system focused on protecting national security, border security and public safety.'
The Texas attorney general has filed a lawsuit to block President Joe Biden's 100-day pause on deportations of certain undocumented immigrants, claiming the state will face 'irreparable harm'. Migrants are detained by a US Border Patrol agent in El Paso Friday
In Friday's suit, filed in the US District Court for the Southern District of Texas, Paxton said Texas would face 'irreparable harm' if the deportation moratorium was allowed to go into effect.
Paxton, a Republican who spearheaded attempts to overturn the result of the presidential election, also argued that the deportation moratorium violated the president's constitutional duty to execute federal laws.
He also said the temporary freeze violated an enforcement agreement the state brokered with the outgoing Trump administration earlier this month.
'On its first day in office, the Biden Administration cast aside congressionally enacted immigration laws and suspended the removal of illegal aliens whose removal is compelled by those very laws,' the complaint reads.
'In doing so, it ignored basic constitutional principles and violated its written pledge to work cooperatively with the State of Texas to address shared immigration enforcement concerns.'
The Trump administration, Texas and the DHS signed a legal agreement in early January in an effort to slow down the new Biden administration's policy changes.
But it is not clear if the 11th-hour moves are legal or enforceable.
Ken Paxton sued the Biden administration Friday, citing an 11th-hour agreement between Texas and the Trump administration earlier this month that requires the Department of Homeland Security to consult with the state before making changes to immigration rules
Biden ordered a 100-day halt on deportations Wednesday as part of his first round of executive orders aimed at reversing the hardline policies of his predecessor.
The Department of Homeland Security's acting chief David Pekoski issued a memorandum late on Wednesday saying that it would pause the removal of 'certain noncitizens ordered deported.'
He said it would enable the department to better deal with 'operational challenges' at the US-Mexico border during the pandemic.
The moratorium does not apply to any undocumented immigrant who 'has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to the national security of the United States.'
Biden also signed other immigration-related executive actions Wednesday including immediately lifting a travel ban on 13 mostly Muslim-majority and African countries, halting construction of the US-Mexico border wall and reversing a Trump order preventing migrants who are in the US illegally from being counted for congressional districts.
President Joe Biden is seen above at the Oval Office after signing several executive orders just hours after he was inaugurated
He also signed a memorandum directing DHS and the US attorney general to preserve the Deferred Action for Childhood Arrivals program, which protects migrants who came to the country as children from deportation.
He also reversed Trump's executive order calling for stricter immigration enforcement away from the country's international borders.
DHS also said it would end all enrollments in a controversial Trump program - known as the Migrant Protection Protocols - that forced more than 65,000 asylum seekers back to Mexico to wait for US court hearings.
Biden had promised on his campaign trail to enact the 100-day deportation freeze if elected, a proposal that contrasted sharply with the immigration crackdown promoted by Trump.
Paxton's suit is the first filed against the action and came just 50 hours after Biden was sworn in as the 46th president of the United States.
The 100-day moratorium on certain deportations is to 'ensure we have a fair and effective immigration enforcement system focused on protecting national security, border security and public safety'
Biden's order halts deportations but makes no mention of mass release.
However, Fox News reported Friday night that Immigration and Customs Enforcement officials in Texas had been sent a memo telling them to release all undocumented migrants being held in their facilities.
The memo stated: 'As of midnight tonight, stop all removals.
'This includes Mexican bus runs, charter flights and commercial removals (until further notice) ... all cases are to be considered no significant likelihood of removal in foreseeable .'
The email continues: 'Release them all, immediately. No sponsor available is not acceptable any longer.'
The author said they were just 'the messenger'.
Paxton was a major figure in Trump's attempts to discredit the election and overturn the result.
Paxton was a major figure in Trump's attempts to discredit the election and overturn the result. He led a suit calling for millions of votes to be thrown out in states Biden won
He filed a lawsuit with the US Supreme Court in December against the states of Wisconsin, Michigan, Pennsylvania and Georgia - all of which Biden won - calling for millions of Americans' votes to be thrown out.
The suit claimed the states made unconstitutional changes to their laws before the 2020 election by expanding mail-in voting amid the pandemic.
The suit was based on unfounded claims of election fraud pushed by Trump after he lost to Biden - claims that were debunked by numerous courts and even by Trump's own administration.
The Republican attorneys general for 17 other states supported Paxton's effort, which was then rejected by the Supreme Court.
Paxton has previously filed a suit challenging the DACA program and is also challenging the Affordable Care Act. Both suits are ongoing.
