Trump announces new impeachment legal team

The state of Texas has won a nationwide temporary restraining order against one of Biden's first executive actions as president -- a 100-day pause of immigrant deportations. 

A federal district court judge says status quo enforcement operations can continue for at least the next 14 days while both sides present their case, after which an extended injunction against the policy could be issued or the restraining order lifted.  

Biden's DHS released a "Day One" memorandum on Jan. 20 establishing a moratorium on enforcement actions against most immigrants. 

The Texas lawsuit signals the beginning of an expected wave of court challenges by Republicans targeting Biden policies after years of watching Democrats use the courts to hobble Trump's moves.

-ABC News Senior Washington Reporter Devin Dwyer

After 45 Republicans sided with his effort to dimisss the impeachment trial of former President Donald Trump for being unconstitutional, Republican Kentucky Sen. Rand Paul expressed excitement about the vote count for his failed effort.

"We're excited about it. It's one of the few times in Washington where loss is actually a victory," Paul said to reporters on Capitol Hill. "And 45 votes means that the impeachment trial is dead on arrival."

If the final vote on conviction falls at 55-45, the Senate would be 12 votes short of what is necessary to convict Trump. In order to convict Trump by the necessary two-thirds majority, at least 17 Republican senators would need to join all 50 Democrats.

Even with Tuesday's vote, there is no guarantee that the trial proceedings will not sway the votes of some senators.

Shortly after the vote, the Senate adjourned the trial until Feb. 9.

-ABC News' Allison Pecorin

Five Republicans joined with Democrats to kill Republican Kentucky Sen. Rand Paul's effort to dismiss the upcoming impeachment trial of former President Donald Trump as unconstitutional. 

Paul's effort failed by a vote of 55-45. Sens. Mitt Romney, R-Utah, Ben Sasse, R-Neb., Pat Toomey, R-Pa., Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, voted with Democrats. 

While Paul's effort failed, many members of the Republican conference voted with Paul -- an indicator that the constitutional question for some Republicans will be an intense focus during the trial. Minority Leader Mitch McConnell was one of those to vote in favor of Paul's motion.

Majority Leader Chuck Schumer, in a speech just before the vote, said the argument that an official couldn't be tried after leaving office makes "no sense whatsoever."

"The history and precedent is clear the Senate has the power to try formal officials and the reasons for that are basic common sense," Schumer said. "It makes no sense whatsoever that president or any other official could commit a heinous crime against our country and then could evade Congress's impeachment power." 

Paul's motion comes too early, Schumer said, arguing that debate on the constitutionality question should happen during the trial. 

-ABC News' Allison Pecorin

Republican Kentucky Sen. Rand Paul has offered a point of order in the Senate on the question of whether holding an impeachment trial for former President Donald Trump after he has left office is constitutional.

"As of noon last Wednesday, Donald Trump holds of the positions listed in the Constitution. He is a private citizen. The presiding officer is not the chief justice, nor does he claim to be," Paul said. "Therefore I make a point of order that this proceeding which would try a private citizen -- and not a president, a vice president, or civil officer -- violates the Constitution and is not in order."

Senate Majority Leader Chuck Schumer called Paul's theory "flat out wrong by every frame of analysis" and moved to table the motion.

Senators proceeded to vote on whether to table Paul's motion -- a procedural objection on the constitutionality of the trial, not on the merits of the case. However, the vote forces Republicans to go on the record regarding how they might vote in Trump's trial.

A "no" vote for senators means voting with Paul to dismiss the trial. Senate Minority Leader Mitch McConnell sided with Paul on questioning the trail's constitutionality.

Rand, a former doctor, was the only Senator who did not wear a mask as he signed the oath as a juror.