A federal judge in the United States indefinitely on Tuesday night prohibited the administration of President Joe Biden from imposing a 100-day moratorium on most deportations.
Federal District Judge Drew Tipton issued a preliminary injunction requested by Texas, which alleged that the measure violated federal law and could pose additional costs to the state.
Biden proposed a moratorium of 100 on deportations during the election campaign, as part of a broader review of immigration policies and an attempt to reverse the priorities of former President Donald Trump. Biden has proposed a comprehensive immigration bill that would allow for the regularization of the approximately 11 million people estimated to live in the country without the necessary permits. In addition, it ordered other guidelines for immigration and border agents.RELATED
Tipton, who was nominated by Trump, ruled on January 26 that the moratorium violated federal law on administrative procedures and that the United States had not shown why it was justified. His temporary restraining order was expiring on Tuesday.
Tipton’s ruling did not require deportations to resume at their previous rate. Even without a moratorium, immigration agencies have wide latitude to execute removals and prosecute cases.
But in the days after the ruling, authorities deported 15 people to Jamaica and hundreds more to Central America. The Biden administration has continued to expel migrants under a separate process initiated by Trump officials, who invoked public health law over the coronavirus pandemic.
The legal battle over the deportation veto is an early indication of Republican opposition to Biden’s immigration priorities, just as Democrats and immigration legal groups opposed those of his predecessor. Nearly four years after Tipton’s order, Trump signed a decree banning people from seven Muslim-majority countries from traveling into the country, causing havoc at airports. Legal groups successfully reported the case to court to stop its launch.
It was not immediately clear whether the Biden administration will appeal Tipton’s latest decision. The Justice Department did not attempt to suspend its interim ruling.