Suspension of Biden’s Stop-Eviction Order Extended by Texas Judge Again

Illegal immigrants apprehended by law enforcement officers near the Texas border, December 11, 2019.

U.S. Federal Judge Drew Tipton of Texas issued an order late last month temporarily calling off enforcement of Biden‘s 100-day order prohibiting deportation of illegal immigrants. Tipton has now extended his stay for another 14 days until Feb. 23.

According to Fox News, Judge Tipton of the District Court for the Southern District of Texas said his latest decision will give the parties more Time to “provide a fuller record” to assist the court in “ruling on Texas’ motion for a preliminary injunction.

The judge also said that “failure to grant the extension would cause irreparable harm to the State of Texas.”

However, the judge’s order also noted that the Biden Administration believes a 100-day stay of deportation is necessary to allow them to take into account important immigration, foreign policy and humanitarian considerations.

Texas Attorney General Ken Paxton filed a lawsuit Jan. 22 against the Biden administration’s order suspending deportations of illegal immigrants for 100 days. Paxton’s lawsuit alleges that on his first day in office, the Biden administration repealed immigration laws enacted by Congress and suspended deportations of illegal aliens who were required by law to be deported.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 violated 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.

Judge Tipton issued the temporary restraining order applicable nationwide on Jan. 26 at the request of Texas.

Biden had previously pledged that his administration would recalibrate its approach to illegal immigration in the United States after taking office, with plans to legalize 11 million illegal immigrants and move forward with a moratorium on deportations.

U.S. Sen. Marco Rubio (R-Fla.) on Jan. 22 urged the Biden administration to clarify the 100-day immigration moratorium and other immigration enforcement measures.

“I am concerned that such orders will prevent the removal of illegal immigrants who are subject to deportation under existing removal orders, including those with serious criminal records and convictions for violent crimes such as rape, sexual assault and other felonies.” Rubio said in a Jan. 22 letter to Acting Homeland Security Secretary David Pekoske.

“It is deeply troubling that one of the first actions taken by the Biden administration could undermine the safety and security of all Americans, including immigrants.” Rubio said.