President Joe Biden proposed the 100-day grace period during his campaign as part of a broader review of immigration enforcement.
A US federal judge has indefinitely banned President Joe Biden’s administration from enforcing a 100-day moratorium on most deportations.
U.S. District Judge Drew Tipton on Tuesday issued an injunction requested by Texas, arguing that the moratorium was against federal law and risking additional costs to the state.
Biden suggested taking the 100-day deportation break during his campaign to review immigration enforcement and reverse former President Donald Trump’s priorities.
Biden has proposed a comprehensive immigration law that will legalize an estimated 11 million people living illegally in the United States. It also introduced other guidelines that immigration and border officials should focus on for enforcement.
Tipton, a Trump appointee, first ruled on Jan. 26 that the moratorium was in violation of federal administrative procedure law, and the U.S. failed to show why a deportation pause was warranted. An injunction issued by the judge expired on Tuesday.
Tipton’s decision did not require deportation to resume at her previous pace. Even without a moratorium, immigration authorities have a lot of leeway in enforcing removals and handling cases.
In the days following his decision, authorities deported 15 people to Jamaica and hundreds of others to Central America.
The Biden administration has continued to expel immigrants under a separate process launched by Trump officials invoking public health law due to the coronavirus pandemic.
The deportation ban litigation is an early sign of the Republican opposition to Biden’s immigration priorities, just as Democrats and right-wing advocate groups fought Trump’s proposals.
Almost four years before Tipton’s orders, Trump signed a travel ban from seven countries with predominantly Muslim populations, which caused chaos at airports. Legal groups successfully sued to stop the implementation of the ban.
It was not immediately clear whether the Biden government would appeal against Tipton’s latest decision. The Justice Department did not request a postponement of Tipton’s previous injunction.