A federal judge temporarily blocked President Joe Biden's attempt to impose a 100-day moratorium on deportations.
Texas judge blocks Biden's 100-day deportation moratorium
A federal judge in Texas ordered the Department of Homeland Security (DHS) not to enforce Biden's 100-day deportation moratorium through a restraining order. The administration would be violating an agreement with the DHS, Texas' lawsuit claims. Besides, the moratorium needs at least 180 days' notice and consultation before it can be implemented, changing immigration policy.
According to Fox News, it is unclear if those terms are enforceable. However, similar agreements were struck with different states under the former administration. The U.S. district judge implemented an injunction nationwide as a geographically-limited order would not protect Texas' interests because of illegal aliens' "free flow of movement" from other states.
Over the weekend, an email was sent to ICE officers urging to stop "all removals" and to "release the undocumented immigrants, immediately," Fox News exclusively reported. As Biden's administration changed its approach to U.S. immigration, the President has pledged to move forward with a moratorium on deportations following the change in administration.
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ICE began implementing a 100-day moratorium on deportations
On Friday, the U.S. immigration authorities started a 100-day deportation moratorium implementation to certain immigrants already in the country due to a shift in immigration enforcement policy under the Biden administration. During the campaign, Biden pledged to make the freeze that will temporarily protect most immigrants who face deportation from being removed from the country until May as long as they have entered the U.S. before November 1, 2020, as per CBS News.
Those immigrants suspected of terrorism and deemed to pose a threat to national security would not benefit from the deportation moratorium, which was authorized by a signed memorandum by David Pekoske, acting Homeland Security Secretary. The Immigration and Customs Enforcement head could also decide to make an exception to the deportation freeze. Additionally, immigrants can volunteer to be deported if they request to.
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What to know about Biden's Deportation Moratorium
While undergoing a complete review of immigration enforcement policies, President Biden had instructed DHS to stop deportations for 100 days. However, the temporary restraining order will last for 14 days while Judge Drew B. Tipton reviewed a broader motion for a preliminary injunction.
The decision taken in place of the other changes to immigration enforcement Biden's first day in office has been made, including new enforcement priorities effective on February 1. The decision clarifies that the decision of whether to deport someone from the U.S.lies with the executive branch.
According to Immigration Impact, formally revoking the 2017 executive order that made all undocumented immigrants a priority for enforcement was one of Biden's first moves as a newly-elected President. Besides, the President's new executive order called for a review of "any agency developed actions" under the previous executive order.
In response, the acting DHS Secretary released a memo the same night calling on DHS to impose 100 days "coordinating a Department-wide review of practices and policies concerning immigration enforcement."
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