“First State in the Nation to File Lawsuit Against Biden Administration Wins! Biden’s 100-day ban on deporting illegal immigrants halted by federal judge

U.S. Attorney General Ken Paxton, R-Texas.

A federal judge on Tuesday (Jan. 26) halted enforcement of the Biden administration’s 100-day ban on deporting illegal immigrants. Texas Attorney General Ken Paxton sued the Biden Administration in federal court on Friday (22), arguing that its order suspending deportation of certain illegal immigrants was illegal and seeking to have it rescinded.

On his first day in office (Jan. 20), Biden signed several executive orders reforming the immigration policies of former President Trump‘s administration. Acting Secretary of Homeland Security David Pekoske issued a memo the same day calling for an internal review of current immigration enforcement policies and a 100-day moratorium on deporting certain illegal immigrants beginning Jan. 22.

Texas Attorney General Paxton filed the complaint Jan. 22 in the U.S. District Court for the Southern District of Texas.

On Tuesday, U.S. District Judge Drew Tipton issued a temporary restraining order at the request of Texas, calling off enforcement of a Department of Homeland Security memo that directed immigration agencies to suspend deportations of illegal immigrants. Tipton said the Biden administration did not “provide any specific, reasonable justification for the 100-day suspension of deportations.

Tipton’s order is an early blow to the Biden administration’s immigration policy, which the new administration plans to reverse from former President Trump’s. Biden also plans to legalize the 11 million immigrants living in the United States illegally. Biden also promised during his campaign to suspend deportations of illegal immigrants for 100 days.

The federal judge’s order is also a victory for Texas Republicans. Paxton tweeted to announce the Texas win in the case.

Paxton tweeted on Tuesday, “Victory. Texas is the first state in the nation to file a lawsuit against the Biden administration. And we won.”

“Within six days of Biden’s inauguration, Texas stopped his (Biden’s) illegal (immigration) deportation freeze.” He wrote, “This is seditious left-wing insurgency. My team and I stopped (the rebellion).”

On Jan. 24, Paxton tweeted in response to Biden’s illegal immigrant deportation freeze, “It is my duty to defend Texas and I will do so.” He also said he could not tolerate such unconstitutional actions by the Biden administration and would go to court to uphold the Constitution.

The day before the lawsuit was filed, Paxton wrote to Pecoske, stating what was at stake and hoping he would rescind the “unlawful and unreasonable deportation ban” or initiate a lawsuit.

The suit says that on his first day in office, the Biden administration repealed immigration laws enacted by Congress and suspended deportations of illegal aliens who were required by law to be deported. “Doing so violates fundamental principles of the Constitution and a written commitment to work with the state of Texas on immigration enforcement issues.”

Paxton also said in the complaint that this immigration measure by the Biden administration violates an agreement signed by the Department of Homeland Security and Texas. Under the agreement, if DHS wants to change immigration regulations, it must consult with Texas in advance and is required to give Texas six months’ notice of the change.

“Our state defends the largest area of the southern border of the United States, and failure to properly enforce the law will directly and immediately endanger our citizens and law enforcement officers.” Paxton said in a statement.

The agreement, signed last Dec. 31 by Texas Gov. Greg Abbott and former Acting Deputy Secretary of Homeland Security Ken Cuccinelli, is considered a binding, enforceable commitment between the Department of Homeland Security and Texas.

Under the agreement, DHS is to “consult with Texas prior to taking any action or making any decision. These actions or decisions include any action or decision that may reduce immigration enforcement, may increase the number of deportable or inadmissible aliens, or may increase benefits or expand eligibility for benefits for such individuals.