The Texas attorney general filed a federal lawsuit Friday against the Biden administration over its order to freeze most deportations for the next 100 days, coming just two days after President Joe Biden entered the Oval Office.
On Thursday, the Department of Homeland Security (DHS) issued a memo demanding all of its constituent bureaus “reset and review” their immigration enforcement policies, including a 100-day freeze on most deportations of noncitizens.
Texas Attorney General Ken Paxton (R) argues that DHS is breaking immigration law by ordering the deportation freeze in the complaint filed in the U.S. District Court for the Southern District of Texas. His statement also claims that the new orders violate the U.S. Constitution, federal immigration and administrative law, and a contractual agreement between Texas and the DHS.
“In one of its first of dozens of steps that harm Texas and the nation as a whole, the Biden administration directed DHS to violate federal immigration law and breach an agreement to consult and cooperate with Texas on that law,” Paxton said in a statement. “Our state defends the largest section of the southern border in the nation. Failure to properly enforce the law will directly and immediately endanger our citizens and law enforcement personnel.”
Moreover, Paxton’s lawsuit asserts that the DHS’s authority does not extend to such a policy.
“If left unchallenged, DHS could re-assert this suspension power for a longer period or even indefinitely, effectively granting a blanket amnesty to illegal aliens that Congress has refused to pass time and time again,” the filing says. “The Constitution, controlling statutes, and prior Executive pledges prevent a seismic change to this country’s immigration laws merely by memorandum.”
Paxton’s office is requesting that the court issue a restraining order against the new DHS orders. However, it is uncertain when a judge will hear his case.
Paxton previously made headlines for launching a multi-state lawsuit challenging the 2020 presidential election results in some key swing states, echoing then-President Donald Trump’s dubious claims that widespread fraud changed the outcome of the election in those states. The case went to the U.S. Supreme Court, which threw it out in early December for lack of standing.
You can follow Douglas Braff on Twitter @Douglas_P_Braff.
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20 states suing Biden administration over migrant parole program
President Joe Biden has expanded a humanitarian parole program leading to a significant increase of migrants entering the United States illegally each month. As a result, 20 states have geared up to sue the Biden administration.
Tuesday, 20 Republican states and conservative legal group America First Legal, announced their plans to sue the White House over the legality of the administration’s parole program. The program “allows up to 30,000 migrants from Haiti, Nicaragua, Cuba, and Venezuela into the homeland each month” reports Foreign Desk News.
Reports shoot the lawsuit was filed by Texas, the America First Legal and the other states in the Southern District of Texas in hopes to block the parole program.
Foreign Desk News reports of the history:
In October, the administration announced the program for Venezuelans, allowing a limited number to fly directly into the U.S. as long as they had not entered illegally, had a sponsor already, and passed certain checks. In early January, President Biden announced that the program would expand to include Haitians, Nicaraguans, and Cubans, allowing up to 30,000 a month into the U.S.
The program also allows migrants to receive work permits and a two-year authorization to live in the U.S. and was announced alongside an expansion of Title 42 expulsions to include those nationalities.
In the lawsuit, the plaintiffs argue that the program is unlawful given the “exceptionally limited” parole power the federal government has, adding that they have up to 360,000 migrants that could be allowed into the homeland a year.
The suit’s focus is on the limits placed on parole by Congress, saying that the authority is to be used on a “case-by-case basis for urgent humanitarian reasons or significant public benefit.”
“Every state in America, especially border states like Texas, is being crushed by the impacts of illegal immigration,” Texas Attorney General Ken Paxton said in a statement to Fox News Digital.
“The Biden open borders agenda has created a humanitarian crisis that is increasing crime and violence in our streets, overwhelming local communities, and worsening the opioid crisis. This unlawful amnesty program, which will invite hundreds of thousands of aliens into the U.S. every year, will only make this immigration crisis drastically worse.”
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