U.S. District Judge Drew E. Tipton grants order to restrain Biden administration from implementing its “Immediate 100-Day Pause on Removals” of illegal criminal aliens.
Judge Tipton wrote:
“This preliminary injunction shall remain in effect pending a final resolution of the merits of this case or until a further Order from this Court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court.”
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State of Texas v. United States of America and Fiel Houston, et al., Intervenor-Defendants. 6:21-cv-00003
On January 20, 2021, Acting Department of Homeland Security Secretary David Pekoske sent a memorandum to the leadership of U.S. Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and Citizenship and Immigration Service (CIS). The memorandum instructed the agencies to ignore federal law by stopping all deportations and releasing detained illegal aliens into the general public. This would also cause local law enforcement agencies across the country to release detained illegal criminally charged aliens.
On January 26, 2021, United States District Judge Drew Tipton, a Trump appointee, granted a temporary restraining order sought by Texas Attorney General Ken Paxton, saying the state had demonstrated a likelihood of facing immediate harm from Biden’s pause. The court order will be in effect for 14 days while Judge Tipton considered a broader motion by the state for a preliminary injunction.
Florida Family Association sent out an email alert on January 27, 2021 titled: Federal judge blocks Biden’s order to stop deporting illegal criminal aliens. The email encouraged subscribers to send emails that expressed appreciation for his ruling and encouraged him to extend the restraining order.
On February 8, 2021, Judge Tipton extended the TRO until February 23, 2021 to allow both parties time to more fully prepare and submit their arguments. Florida Family Association sent out another email alert that encouraged subscribers to send emails that expressed appreciation for his ruling and encouraged him to extend the restraining order.
On February 23, 2021, Judge Tipton extended his order restraining the Biden administration from allowing illegal criminal aliens to walk free. The conclusion to his 105 page order states:
For the foregoing reasons, the Court GRANTS Texas’s Motion for Preliminary Injunction.
(Dkt. No. 62). Therefore, it is hereby ORDERED that:
1. Defendants and all their respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED from enforcing and implementing the policies described in the January 20 Memorandum in Section C entitled “Immediate 100-Day Pause on Removals.”(Dkt. No. 2-2 at 4–5).
2. This preliminary injunction is granted on a nationwide basis and prohibits enforcement and implementation of the policies described in the January 20 Memorandum in Section C entitled “Immediate100-Day Pause on Removals” in every place Defendant shave jurisdiction to enforce and implement the January 20 Memorandum.
3. This preliminary injunction shall remain in effect pending a final resolution of the merits of this case or until a further Order from this Court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court
This is great news!
Sadly, the following states filed a BRIEF FOR AMICI CURIAE that countered Texas’ lawsuit that seeks to restrain the Biden administration from allowing illegal criminal aliens to walk free:
The District of Columbia
It would appear that these states are okay with allowing illegal aliens with criminal convictions to be released into neighborhoods in their states.
Administrative and Criminal Arrests: In FY 2020, ICE ERO conducted 103,603 administrative arrests 90 percent of those arrested had criminal convictions or pending criminal charges at the time of arrest.
Removals: ICE ERO conducted 185,884 removals during FY 2020. The vast majority of ICE ERO’s interior removals – 92 percent – had criminal convictions or pending criminal charges, demonstrating ICE ERO’s commitment to removing those who pose the greatest risk to the safety and security of the United States.
Public safety would be destroyed as we know it if the Biden order allows close to 300,000 illegal aliens, more than 90 percent with criminal charges, to remain in towns across America every year. Biden should not be legally permitted to essentially repeal federal law by ordering ICE to stop enforcing it. If Biden wants that to happen then he needs congress to repeal the federal statute.
Florida Family Association will continue to follow this case and keep you posted.
EDITORS NOTE: This Florida Family Association column is republished with permission. ©All rights reserved.