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.
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.
Disclosure: Unlike almost every other media outlet, The Texan is not beholden to any special interests, does not apply for any type of state or federal funding, and relies exclusively on its readers for financial support. If you’d like to become one of the people we’re financially accountable to, click here to subscribe.
Hayden Sparks is a reporter for The Texan. He has coached high school competitive speech and debate and has also been involved in community theater and politics. A native Texan, Hayden served as a delegate at the Republican Party of Texas Convention in 2016. He is on track to receive a bachelor’s degree in psychology from Liberty University. In his free time, Hayden is known to take walks around the neighborhood while listening to random music on Spotify.