Greg Abbott
Photographer: Alex Wong / Getty Images
Photographer: Alex Wong / Getty Images
The Department of Homeland Security, 12 days before President Joe Biden was sworn in, signed a “binding” agreement with Texas agreeing to consult with the state for 180 days before making changes to immigration policy, effectively tying the hands of the new administration.
That Jan. 8 deal between Texas Gov. Greg Abbott and then-Assistant Secretary of Homeland Security Kenneth Cuccinelli is at the center of the first major lawsuit against the Biden administration.
On Friday, the state accused the federal government of violating the agreement by planning a 100-day break on deportations without first giving Texas a chance to object.
“Texas is facing irreparable damage from having to provide costly educational, social, welfare, health and other services to illegal aliens who remain in Texas because the defendants have stopped withdrawing them,” the attorney general said. of Texas, Ken Paxton, at the state presentation.
U.S. District Judge Drew Tipton in Victoria, Texas, on Friday heard arguments over Paxton’s request for a temporary restraining order against the plan while the case continues. Tipton, appointed by Donald Trump, said he would rule soon.
The Justice Department argues that the state is trying to usurp federal government authority over immigration in its latest deal with the Trump administration. On Friday, the American Civil Liberties Union filed a brief match with the Biden administration, calling Texas’ effort an illegal attempt to block the government’s exercise of its discretion over the dismissal. of immigrants.
“Deeply problematic”
“Approving this agreement would set a deeply problematic precedent,” the ACLU said in its friendly letter. “If an outgoing DHS official can sign up for the next administration policy formulation authority for six months, why not for four years? An eight? ”
The rights organization said giving credibility to the deal, even temporarily, would pave the way for similar last-minute agreements between agencies and states – or even outside parties – as presidents leave. .
“Our Constitution states that presidential elections take place every four years, with the transfer of executive power shortly thereafter,” the ACLU said. “But in Texas’ view, an outgoing administration should never relinquish power as long as it finds a contractor willing to block its political preferences.”
Texas said in its motion for a restraining order that its agreement with the Trump administration was “mutually beneficial” and went on to promote “cooperation and coordination.” The state argues that it has a unique exposure to immigration problems because of its long border with Mexico and therefore deserves to have information about immigration changes.
The Department of Justice calls it a prohibited veto power.