A Texas judge on Friday rejected a policy introduced by the Department of Homeland Security (DHS) last year that ordered border guards to exercise discretion in deportation cases.
Introduced last September, the policy encourages officials not to deport non-citizens who have lived in the country for years without incident and to focus on those who have a serious criminal record.
In a scathing 96-page ruling, U.S. District Judge Drew Tipton argued that the policy exceeded the powers of the executive to enforce immigration.
“It is true that the executive has the right to decide on a case-by-case basis to abandon the application of immigration to a particular person. However, this case does not involve individual decision-making. Instead, this case is a rule that binds Homeland Security officials in a common, forward-looking way – all in violation of the Congressional detention mandate, “wrote Tipton, appointed by former President Trump.
Last September, DHS Secretary Alejandro Mayorkas argued that both policies were fair, saying that most undocumented immigrants “have been contributing members of our communities for years” and that they are needed because of limited resources.
“The fact that a person is a replaceable non-citizen should not be the basis for enforcement action against him,” he added. “We focus our resources because they are limited and because of our commitment to justice.
Tipton rejected the argument for a resource-based policy in his decision.
“It is also true that the executive can prioritize its resources. But it must do so within the limits set by Congress. “Whatever the external limits of its powers, the executive has no power to change the law,” he said.
The decision was welcomed by Louisiana and Texas attorneys general, who challenged the policy.
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“I just inflicted another huge defeat on Biden in the Fed’s court. He tried to reject the immigration law, saying DHS should not detain criminals. Now the court says it should. I will always keep up with Democrats and the rule of law, “tweeted Texas Attorney General Ken Paxton (R).
“This is a great victory for our #NationalSecurity and #RuleOfLaw! This was said by Louisiana Attorney General Jeff Landry (R) in his own tweet.
The Hill turned to DHS for comment.
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