Feb. 9, 2021
HOUSTON — A federal judge in Texas extended the suspension of President Joe Biden’s 100-day moratorium on deportations until Feb. 23.
U.S. District Court Judge Drew Tipton, a Trump appointee, ruled on Tuesday that the federal government cannot make immigration enforcement changes without consulting Texas. Judge Tipton extended the temporary restraining order by another 14 days, asserting the state of Texas would face more harm than the federal government if the extension wasn’t granted.
”The irreparable harm that would accrue to Texas if an extension of the [temporary restraining order] is not granted before consideration of its motion for a preliminary injunction is more substantial than any harm incurred by the defendants,” wrote Tipton.
According to Tipton, an appointee of former President Donald Trump, “extending the [temporary restraining order] is proper because the additional time is necessary for the record to be more fully developed.”
Last month, Texas Attorney General Ken Paxton sued the Biden administration over its order to freeze some deportations, arguing the White House would violate its agreement with the Department of Homeland Security (DHS), which oversees Immigration and Customs Enforcement and U.S.-Mexico border security, and instead requires 180 days’ notice to change immigration policy.
Paxton suit came in response to a memo written by Acting DHS Secretary David Pekoske, directing the “immediate pause on removals of any noncitizen with a final order of removal (except as noted below) for 100 days.”
Read Judge Tipton’s order here.