Texas Files First Lawsuit against Biden Administration Opposing Deportation Freeze
After his first week in office, some of Biden's executive orders are being met with harsh criticism. The largest GOP state in the nation has gone a step further in showing its opposition by being the first state to file a major lawsuit against President Biden.
The lawsuit came after the president signed an executive order placing a freeze on the deportations of illegal immigrants for 100 days. The 100-day moratorium, which went into effect last Friday, was announced by the Department of Homeland Security's acting secretary, David Pekoske.
The 100-day moratorium on deportation was part of Biden's multi-step approach to re-examine the nation's immigration policies. Along with the freeze, the executive order explained that there would be an in-depth review of current immigration policy and guidelines.
Texas Attorney General Ken Paxton explains that the executive order is a direct violation of the Constitution. The lawsuit goes on to explain,
“...the Biden Administration cast aside congressionally enacted immigration laws and suspended the removal of illegal aliens whose removal is compelled by those very laws. In doing so, it ignored basic constitutional principles and violated its written pledge to work cooperatively with the State of Texas to address shared immigration enforcement concerns. This unlawful reversal will cause Texas immediate and irreparable harm if it is not enjoined.”
The Attorney General cites an agreement that the state had with the previous administration regarding deportations of illegal immigrants. Paxton argues that the executive order is a direct violation of federal law because of the agreement, which was made during the final days of the Trump administration. Paxton highlights that in the agreement, no changes would be made to current immigration procedures and policies until after six months.
Paxton also argues that Biden’s executive order is unconstitutional because the executive branch does not hold the power to change federal law through executive action only. Instead, the president would need to change immigration law through Congress for the measure to stick.
In addition to the agreement, Paxton says putting a freeze on deportations would place Texans at risk. The Attorney General explained at the onset of the lawsuit, "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."
Paxton adds that a deportation freeze would put a strain on the state's budget in terms of providing healthcare, detention, and other resources to immigrants. Paxton also highlights the complexity of the situation when COVID-19 is thrown into the mix.
The Biden administration has questioned the legality of the agreement made by the state and the previous administration. The agreement which was assembled at the last minute has given administration lawyer Adam Kischner pause. Kischner shared with a Texas news outlet, "What Texas is trying to do is to remove the discretion provided by Congress and (the Constitution) and give the power of immigration enforcement to the state of Texas."
Texas lawmakers and political leaders, including the Texas Democratic Party chairman Gilberto Hinojosa, have pushed back against the Attorney General. Hinojosa shares, "The amount of hatred towards migrant families by Republican leadership is something that never ceases to amaze me. This is nothing but a sad attempt to keep Trumpism alive when we have a new leader in the White House."
The Biden administration has taken a hard stance on immigration both during the campaign and during its first week in office. Much of Biden's work in his first week entailed reversing several Trump-era policies. With lawsuits against the previous administration becoming commonplace in Trump's final days in office, the trend will likely continue as Biden works to reverse many of those policies.
