Biden's immigration decisions have already begun to block through the courts

Texas federal judge temporarily blocked 100-day moratorium of the Biden administration on the deportation of some illegal immigrants... The edition told in more detail Texas Tribune.

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Federal Justice Drew Tipton issued a decree on January 26 after Texas Attorney General Ken Paxton sued the administration of US President Joe Biden, claiming the moratorium was unconstitutional and violating an agreement between the Department of Homeland Security and Texas.

“6 days after Biden's inauguration, Texas challenged his illegal deportation order,” Paxton tweeted after the order. “It was a leftist uprising.” My team and I stopped it."

Tipton's order is in effect for 14 days as the state's case against the moratorium continues.

Paxton argued that the state would suffer financial damage if illegal immigrants were released into society due to the costs of health care and education, and said the moratorium would also tempt others to come to Texas.

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“Texas argues that 'a categorical refusal to deport immigrants will encourage additional illegal immigration into Texas,' thereby increasing its costs of public services,” Tipton wrote. “The Court finds that the foregoing establishes a substantial risk of imminent and irreparable harm to Texas.”

The American Civil Liberties Union (ACLU) of Texas, which filed brief information urging Tipton to reject Paxton's request, condemned the decision and said Biden's decree was legal.

“Paxton sought to overturn the results of the 2020 presidential election by attempting to baselessly suppress votes; now he’s trying to force the Biden administration to follow Trump’s xenophobic policies,” said Kate Huddleston, an attorney with the ACLU of Texas. “The administration’s pause on deportations is not only legal, but necessary to ensure that families are not separated and people are not separated.”

Biden's proposed moratorium was signed just hours after he was sworn in, and was one of several immigration-related decrees that included ending construction of the border wall. The pause in deportations was part of an overhaul of immigration and customs enforcement policies as the Biden administration "develops its final priorities," according to the Department of Homeland Security.

The moratorium excluded immigrants “suspected of terrorism or espionage or otherwise posing a threat to the national security of the United States,” those who entered after November 1, and those who voluntarily waived any right to remain in the country.

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Paxton also challenged the moratorium on the grounds that it violates an agreement signed by the Trump administration and Texas. The agreement requires DHS to notify states before changing immigration policies. The Biden administration has questioned the validity of the agreements, which were signed just weeks before Trump's stepping down.

But Tipton said his decision was not based on those agreements.

“The issues raised by this agreement are of such seriousness and constitutional significance that they warrant further refinement and briefing before the case is heard,” Tipton wrote.

Huddleston said in a hearing on January 22, the Biden administration indicated that it would consider an immediate termination of the 5th U.S. District Court of Appeals if a restraining order was issued.

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The Biden administration also inherited a pending lawsuit from Paxton's office over an Obama-era program that protected tens of thousands of illegal immigrants in Texas from deportation. Under the DACA program, some illegal immigrants are granted a renewable two-year work permit and a grace period from deportation.

Trump announced the end of the program in 2017, but it went through several legal problems, so Trump was never able to wind down it. But Paxton's suit, filed in 2018, is a separate lawsuit that calls into question the legality of this program.

Despite the setback, the Biden administration plans to issue more immigration orders regarding family reunification and a federal “public burden” rule where a person can be denied a visa or green card if they receive federal benefits.

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