On Friday, a U.S. District Court Judge in Texas, Drew Tipton, dealt another blow to the Biden administration’s lenient immigration and border enforcement policies when he struck down a Department of Homeland Security enforcement memo instructing Immigration and Customs Enforcement (ICE) agents to give deference to certain people who are in the country illegally.
Judge Tipton states in his ruling that the Biden administration’s regulation is arbitrary and capricious, contrary to law, and violates the Administrative Procedure Act.
According to Tipton’s ruling, the Executive Branch may prioritize its resources. However, it must do it within the constraints imposed by Congress. The Executive Branch claims the ability to suspend statutory duties by employing the phrases discretion and prioritizing, he continued. This technique is prohibited by law.
JUST IN — US Judge Drew Tipton throws out Biden administration rules that directed ICE agents to focus on arresting immigrants deemed to threaten national security or public safety and migrants who recently crossed a US border unlawfully.— Camilo Montoya-Galvez (@camiloreports) June 10, 2022
Tipton is pausing his order for 7 days. pic.twitter.com/jNd069ffdq
Back in September, Townhall reported on DHS Secretary Alejandro Mayorkas’ administrative policy decision to limit the categories of persons who may be deported by ICE for being in the country illegally.
Simply put, the policy said that a noncitizen’s presence in the United States unlawfully was insufficient grounds for enforcement action, even if they had a past criminal record, as long as the prior offenses were not subjectively determined to be significant. That is, Biden’s homeland security chief exonerated illegal immigrants and even some illegal immigrant criminals.
The policy was required, according to Mayorkas, so that DHS could focus its efforts on individuals who constitute a threat to national security, public safety, and border security, and consequently to America’s well-being. It’s an insane objective, and even under the new, more liberal approach, people on terror watch lists were caught at the US-Mexico border, allowed into the nation, then picked up days later.
Tipton, an appointee of former President Donald Trump, has ruled against the Biden administration in multiple cases, including by blocking a proposed 100-day moratorium on deportations during President Biden's first month in office.— Camilo Montoya-Galvez (@camiloreports) June 10, 2022
Tipton, who was nominated by former President Donald Trump, has already rejected the Biden administration’s attempts to violate existing rules established by Congress, such as the planned temporary deportation freeze for Biden’s first month in office.
Judge Tipton placed Mayorkas’ unlawful policy on hold for seven days to allow the Biden administration to file an appeal. Homeland Security, which supervises ICE, said it is presently evaluating the court ruling and weighing its options.