On Friday (Jan. 22) Texas Attorney General Ken Paxton sued the Biden administration in federal court, arguing that its order suspending deportation of certain illegal immigrants is illegal and asking for it to be rescinded.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.
The Department of Homeland Security said it will suspend deportation of certain non-U.S. citizens who should be deported “to ensure that we have a fair and effective immigration enforcement system that focuses on protecting national security, border security and public safety.”
The day before the lawsuit was filed, Paxton wrote to Pecoske stating his interest in having the “unlawful and unjustified deportation ban” lifted or else he would initiate a lawsuit.
Texas Sues Biden Administration for Illegal Operation
Paxton said in the complaint that the Biden administration’s immigration measure violates an agreement between the Department of Homeland Security and the state of Texas. Under the agreement, if DHS wants to change immigration regulations, it must consult with Texas in advance and 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 these individuals.
“I will always put the interests of Americans and Texans first.”
Prior to the indictment, Paxton tweeted, “When the Biden Administration breaks the law, I will act. I have told the Department of Homeland Security to immediately lift its illegal and unjustified deportation ban or Texas will sue. As attorney general, I will always put the interests of Americans, Texans (first), over dangerous foreigners who must be deported!”
Paxton also argued that a moratorium on deportations would allow the Biden administration to grant “blanket Amnesty” to many undocumented immigrants “without congressional approval.
In his letter to Pecoske, Paxton wrote: “The Department of Homeland Security’s complete abdication of its responsibility to enforce federal immigration laws is unlawful and will severely and irreparably harm the State of Texas and its citizens.”
Paxton added that when the federal government fails to fully enforce immigration laws, “border states like Texas pay a particularly high price.” He said the Department of Homeland Security’s policy would prevent almost everyone who should be deported (from being deported), which would increase the damage illegal immigrants cause to Texas.
Before Biden took office, Texas Gov. Greg Abbott (R) tweeted on Jan. 16, “A flurry of lawsuits initiated by Texas awaits Biden. Texas will act whenever the federal government violates states’ rights or interferes with constitutional rights, private property rights or the right to earn a living.”
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