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On Friday, a federal judge lifted the Biden administration’s restrictions on immigration and customs law enforcement (ICE), which drastically restricts which illegal immigrants the agency can arrest and deport – marking the Biden administration’s latest legal defeat in immigration policy.
Texas Judge Drew Tipton, in response to a lawsuit filed by Texas and Louisiana alleging violations of federal law, shut down the policy but suspended the seven-day ruling to give the Biden administration time to appeal.
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In September, the administration issued a memorandum that issued formal preliminary guidelines restricting ICE agents from focusing on three groups of illegal immigrants: recent border crossings, threats to national security, and threats to public safety. The agency also told agents to consider factors such as military service.
Homeland Security Secretary Alejandro Mayorkas said in a note that this means that illegal residence in the country alone is not enough to be arrested or deported by the ICE – part of a dramatic review of immigration policy by the Biden administration.
“We have fundamentally changed the application of immigration inland,” Majorcas said in an interview with CBS News in January. “For the first time, our policy explicitly states that the illegal presence of a non-citizen in the United States will not in itself be a basis for initiating coercive action.
In his ruling, Tipton said the government had failed to align the guidelines with federal law, which requires detention in certain situations. He said the government was “proposing an implausible construction of a federal law that flies in the face of restrictions imposed by Congress.”
“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,” he said. “However, this case does not involve individual decision-making. Instead, this case is a rule that binds Homeland Security officials in a general, forward-looking way – all in violation of Congress’ detention mandate.
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Under this policy, arrests and deportations have fallen sharply. In fiscal 2021, which includes the last months of the Trump administration, ICE arrested 74,082 non-citizens in fiscal 2021 and deported 59,011. Of the 74,082 arrests between October 2020 and October 2021, only 47,755 were made after Feb. 18. when the new priorities were implemented. Of the deportations, only 28,677 of the 59,011 deportations took place after 18 February.
ICE agents make arrests on September 25, 2019 in Revere, Massachusetts. (Photo by Matt Stone / MediaNews Group / Boston Herald via Getty Images)
In the financial year 2020, there were 103,603 arrests and 185,884 deportations. In fiscal year 2019, the agency arrested 143,099 illegal immigrants and deported 267,258.
The administration said that due to limited resources, the policies allow the government to focus on the most pressing threats to the country. An ICE report released earlier this year said the agency had arrested 12,025 illegal immigrants with felony convictions, nearly double of the 6,815 arrested in fiscal year 2020. the term usually refers to more serious criminals, but also differs in different jurisdictions.
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Tipton said government regulations not only “offered guidance to agents, as the government claims, but instead” provided a new basis on which foreigners could avoid being subject to immigration law. Therefore, this is a rule and is subject to the Administrative Procedure Act (ADA) and is therefore subject to certain conditions, such as a deadline for notification and comment.
The ruling marks the latest defeat for the Biden administration on immigration. Tipton himself had previously blocked a proposed 100-day moratorium on deportations and earlier ICE rules last year.
Similarly, the Biden administration was recently hit when a federal court in Louisiana rejected attempts to end Title 42, a public health order introduced at the start of the COVID-19 pandemic, which was used to evict the majority of migrants. on the border. Last year, the administration was also ordered to re-implement the Trump-era Migrants Protection Protocols (MPPs), which were found to have ended illegally.
Texas Attorney General Ken Paxton called the decision a “mass defeat for the Biden administration.”
“He tried to reject the immigration law, saying the DHS should not have detained criminals. Now the court says it should, “he tweeted. “I will always keep in line with the Democrats and the rule of law.”
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“Judge Tipton has confirmed what we have been saying all along: law and order must prevail,” Louisiana Attorney General Jeff Landry said in a statement. “The Biden administration can no longer allow dangerous and violent criminal aliens to roam freely in our communities.
Tipton’s order delayed execution by seven days to allow an appeal by the Biden administration. A DHS spokesman told Fox News Digital that he was “currently evaluating the court order and considering the next steps.”
Adam Shaw is a political reporter for Fox News Digital, focusing on immigration. You can contact him at adam.shaw2@fox.com or on Twitter: @AdamShawNY
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