Judge bars Biden indefinitely from stay of deportation order

Illegal immigrants arriving at the Mexican border from Central America on April 29, 2018.

On Tuesday (Feb. 23), Texas federal judge Drew Tipton announced an indefinite ban on the Biden administration’s executive order suspending deportations of illegal immigrants for 100 days.

Biden signed 17 executive orders on Jan. 20, the day he took office, and the 100-day stay was one of them. on Jan. 26, Tipton issued an order temporarily halting the implementation of Biden’s order and then extended the stay for 14 days until Feb. 23.

On Tuesday, Tipton again issued an injunction that would indefinitely ban Biden’s order to stop deporting illegal immigrants nationwide and would remain in effect until the case is resolved, or until further orders are issued by a federal court, such as an appeals court.

In the 105-page order, Tipton wrote that there was evidence that the criminal aliens and state criminals had a clear “propensity for recidivism,” and the court found that Texas had established by a preponderance of the evidence that it could reasonably anticipate that the 100-day moratorium on illegal immigration would result in a large number of criminal aliens and unaccompanied children to enter Texas and move freely through the state, which would result in unanticipated detention facility costs to the State of Texas.

Texas Attorney General Ken Paxton had noted on Jan. 21 that Biden’s executive order violates federal law and an agreement that the federal government needs to consult with the state of Texas before making such a decision.

On Jan. 22, Paxton formally sued the Biden Administration in federal court, alleging that the order suspending deportations of illegal immigrants violates an agreement reached between the state and the federal government during the Trump administration and that the Department of Homeland Security has a duty to facilitate deportations of illegal immigrants.

In a statement announcing the suit, Paxton said, “Our state defends the largest section of the nation’s southern border. Failure to properly enforce the law will directly and immediately endanger our citizens and law enforcement officers.”

Biden had campaigned on a promise to “suspend deportations of illegal immigrants for 100 days,” halt construction of a border wall and provide a pathway for the tens of millions of illegal immigrants living in the United States to become legal residents.

An analysis by the Center for Immigration Studies, a U.S. think tank, found that if Biden’s executive order is ultimately approved by the courts, it would prevent immigration officials from deporting about 85 percent of illegal immigrants, and among those who would be spared from deportation from the U.S. would be sex offenders, domestic abusers and fraud offenders.