February 24, 2021
President Joe Biden’s administration cannot enforce a pause on most deportations until further notice, a federal judge ruled late Tuesday.
U.S. District Judge Drew Tipton, a Trump appointee, agreed to issue a preliminary injunction that was requested by the state of Texas.
Acting Homeland Security Secretary David Pekoske directed in a memorandum on Jan. 20 “an immediate pause on removals of any noncitizen with a final order of removal … for 100 days.” Texas officials sued, alleging the pause violated an agreement between the state and the federal government reached during the Trump administration, and that the Department of Homeland Security has a responsibility to promote the removal of illegal aliens.
Tipton said Tuesday that arguments by Texas officials that they would incur financial costs from having to detain immigrants who otherwise would have been deported and from an increase in unaccompanied children requiring public education were legitimate.