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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Trump, Rep Biggs: invoking the Alien Enemies Act to enable widespread deportation will ‘be necessary’
At a recent rally in Iowa, former President Donald Trump promised that if elected again in 2024, he would invoke the Alien Enemies Act to enable widespread deportation of migrants who have illegally entered the United States. Since President Joe Biden took office in January of 2021, over 6 million people have illegally entered the country.
Republican Representative Andy Biggs from border state Arizona, which is among the states suffering the greatest consequences from the Biden administration policies, lamented that Trump’s suggestion will be “necessary.”
Speaking on the “Just the News, No Noise” television show, Biggs stated “[I]t’s actually gonna have to be necessary.” Biggs then added his thoughts on how many more people will continue to cross the border under Biden: “Because by the time Trump gets back in office, you will have had over 10 million, in my opinion, over 10 million illegal aliens cross our border and come into the country, under the Biden regime.”
“And so when you start deporting people, and removing them from this country, what that does is that disincentivizes the tens of thousands of people who are coming,” Biggs went on. “And by the way, everyday down in Darién Gap, which is in Panama… over 5,000 people a day. [I] talk[ed] to one of my sources from the gap today. And I will just tell you, those people that you’ve seen come come in to Eagle Pass, over 7,000 in a three day period, most of those two weeks ago, were down crossing into the Darién Gap.”
“And those people… make their way up and they end up in the Eagle Pass [Texas], Del Rio area,” he continued. “So if you want to disincentivize them, you remove them from the country, which is why they remain in Mexico policy was so doggone effective at slowing down illegal border crossings.”
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