Judge bans enforcement of Biden's 100-day deportation pause

A federal judge has indefinitely banned President Joe Biden’s administration from enforcing a 100-day moratorium on most deportations

HOUSTON -- A federal judge late Tuesday indefinitely banned President Joe Biden's administration from enforcing a 100-day moratorium on most deportations.

U.S. District Judge Drew Tipton issued a preliminary injunction sought by Texas, which argued the moratorium violated federal law and risked imposing additional costs on the state.

Tipton, a Trump appointee, initially ruled on Jan. 26 that the moratorium violated federal law on administrative procedure and that the U.S. failed to show why a deportation pause was justified. A temporary restraining order the judge issued was set to expire Tuesday.

Tipton's ruling did not require deportations to resume at their previous pace. Even without a moratorium, immigration agencies have wide latitude in enforcing removals and processing cases.

The legal fight over the deportation ban is an early sign of Republican opposition to Biden’s immigration priorities, just as Democrats and pro-immigrant legal groups fought Trump’s proposals. Almost four years before Tipton’s order, Trump signed a ban on travel from seven countries with predominantly Muslim populations that caused chaos at airports. Legal groups successfully sued to stop implementation of the ban.

It was not immediately clear if the Biden administration will appeal Tipton's latest ruling. The Justice Department did not seek a stay of Tipton's earlier temporary restraining order.

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