Washington.
The “just and humanitarian” migration policy of the president, Joe Biden, Suffered its first judicial setback in Texas, where a federal judge appointed by former President Donald Trump blocked, indefinitely and nationally, the suspension for 100 days of deportations decreed by the Democratic president.
The order of Judge Drew Tipton, in Corpus Christi, may be questioned before the Federal Court of Appeals of the Fifth District, Of conservative tendency, especially with the arrival of new magistrates appointed by Trump, although the group of defense of the civil rights Union of Civil Liberties (ACLU) has indicated that it is studying its options.
Tipton’s ruling applies nationwide and will remain in effect as long as the case goes to trial or until there is a new decision in a higher court.
The pause in deportations was counted among the decrees signed by Biden when he took over the presidency on January 20, and immediately ran into a demand from the Texas Attorney General, Republican Ken Paxton.
On January 26, Tipton issued a temporary order blocking the suspension of deportations, referring to a last-minute agreement signed by the Trump administration and several states and requiring a 180-day notice of any change in deportations. migratory practices.
The lawyers of the Biden government they have alleged that this pact was illegal and not binding because no state has veto power over Washington’s immigration authority, which is the exclusive competence of the federal government.
Anyway, this decision of Tipton it includes a positive aspect for the Biden government as it “does not prohibit the government from carrying out or adhering to other areas of the January 20 decree.”
This includes a full review of the Department of Homeland Security (DHS) policies and practices regarding immigration.
Groups advocating for migrants have also noted that the Government of Biden, Who has continued the expulsions, has powers not to execute the deportations already ordered, with decisions on a case-by-case basis.
Tipton’s first order was extended for 14 days, then the judge extended it until this Tuesday, and within hours of that deadline, the magistrate announced an indefinite extension.
But on this occasion Tipton did not consider the legality of the Trump-era deal, but asserted that the Biden decree exceeded presidential powers by suspending or altering a federal law requiring deportation within the 90 days since the expulsion order was signed.
Likewise Tipton described the decree as Biden as arbitrary and capricious and lacking the necessary analysis of the reasons for the pause in deportations and their impact.
The very fact that the pause in the deportations was decreed a few hours after Biden’s investiture, the judge added in his 105-page opinion, shows that “this did not leave much time for reflection and analysis. “.
The federal government “does not cite, nor does the Court find, other instances in which any government agency paused in its essential duties and tasks for 100 days to re-evaluate its priorities.”
Last week on Department of Homeland Security disclose new temporary priorities for deportations while the Biden government re-evaluates all of its predecessor’s migration policy.
These priorities include the deportation of individuals who pose a danger to national security, who have committed crimes and are a threat to public safety, or who are associated with criminal gangs, as well as those immigrants who have just crossed the border. · Legally the border.
the Union of Civil Liberties (ACLU) denounced Judge Tipton’s decision, and Kate Huddleston, the organization’s lawyer in Texas, said Paxton is seeking the Biden government to “continue former President Trump’s xenophobic policies.”
“Allowing these deportations to continue means there will be separate families and people who have a chance to seek relief in the United States will be returned to danger,” he added.