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Federal Judge Blocks Biden’s 100 Day Pause on Deportations

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses some breaking news in the world of immigration. On January 26, 2021, a federal judge in Texas temporarily blocked the Biden administration’s 100-day pause on deportations.

Want to know more? Keep on watching for more information.


Overview


The Biden administration is facing its first legal challenge. We recently learned that a federal judge from the U.S. District Court for the Southern District of Texas has granted a 14-day nationwide temporary restraining order that immediately blocks the Biden administration’s efforts to put a 100-day pause on deportations.


How did this happen?


The federal judge’s decision came after the Attorney General of Texas filed a lawsuit requesting a temporary restraining order to stop the Biden administration from pausing deportations.

Judge Drew B. Tipton, appointed by former President Donald Trump, ultimately agreed with the State of Texas that Biden’s suspension of deportations violates the Administration Procedure Act (APA), as well as key provisions of the INA which mandate that aliens with final orders of removal be deported within 90 days.

According to Judge Tipton, Biden’s actions run afoul of the law and also violate the APA, because the government failed to provide adequate justification for the temporary suspension of deportations.

The judge also held that absent the issuance of a temporary restraining order, the state of Texas would face a substantial risk of irreparable harm, because of mounting costs associated with health care and education that the state would have to incur if undocumented immigrants were released into the state.

For their part, the Biden administration plans to appeal the Judge’s decision. Until then, the temporary restraining order will remain in effect and may be further extended should the Judge decide to grant a preliminary injunction.


What was the 100-day pause on deportations about?


Shortly after his inauguration, President Biden took a series of actions to dismantle former President Trump’s immigration policies. This included the issuance of a 100-day pause on deportations, known as a moratorium. Under this moratorium, most immigrants facing deportation would be allowed to remain in the country, except those who arrived in the United States after November 1, 2020, individuals suspected of committing acts of terrorism or espionage, and those who present a threat to our national security.


What’s next?


These legal challenges are a preview of perhaps what is to come. The Biden administration is planning the release of even more executive actions on immigration that will likely receive push back in court especially from conservative states.

We invite you to check back for more developments on this ruling and many more immigration updates.


Questions? If you have immigration questions and would like to schedule a consultation, please call 619-819-9204 or text 619-483-4549. Our toll free number is 866-488-1554.


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