FederalImmigration & BorderFederal Judge Strikes Down Biden’s Lenient ICE Deportation Protocols

The Biden administration has focused on deporting only those it considers a serious risk.
June 13, 2022
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The Biden administration sustained another loss to its immigration agenda last week after a federal judge struck down the Department of Homeland Security’s (DHS) more lenient deportation guidelines.

U.S. District Judge Drew B. Tipton issued an opinion that a policy outlined in 2021 runs afoul of the Administrative Procedure Act and other federal laws.

In September of last year, DHS Secretary Alejandro Mayorkas directed Immigration and Customs Enforcement Officers (ICE) to refrain from deporting illegal aliens solely on the basis of their presence in the U.S. without authorization.

Instead, ICE must prioritize those illegal aliens the federal government considers a national security or public safety risk, based on criminal history and other factors.

CBS News reported that ICE deported only 59,000 illegal immigrants in Fiscal Year 2021. However, that does not include the hundreds of thousands expelled under the Title 42 public health order.

The Texan Tumbler

During oral argument in a separate case, federal Solicitor General Elizabeth Prelogar contended in April that limiting deportations is a more prudent use of the scarce resources Congress has allotted for the enforcement of immigration laws.

The states of Texas and Louisiana are the plaintiffs in the suit over the deportation measures.

Texas Attorney General Ken Paxton commented on Tipton’s decision in a social media post.

“I just dealt Biden another massive defeat in fed court. He tried to throw out immigration law, saying DHS didn’t have to detain criminal illegals,” Paxton wrote. “The court now says he must. I will always hold the line with the [Democrats] and the rule of law.”

Tipton, who also blocked Biden’s 100-day deportation freeze last year, was appointed by former President Donald Trump.

A copy of Tipton’s decision can be found below.

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Hayden Sparks

Hayden Sparks is a senior reporter for The Texan and a lifelong resident of the Lone Star State. He has coached competitive speech and debate and has been involved in politics since a young age. One of Hayden's favorite quotes is by Sam Houston: "Texas has yet to learn submission to any oppression, come from what source it may."