Federal court overturns Biden's 100-day pause on deportation

by Jordyn Pair · Feb 24th, 2021 11:59 am

Last Updated Feb 24th, 2021 at 5:03 pm

A federal court in Texas has overturned the 100-day pause on deportations put in place by the Biden administration, saying that the administration was unable to provide a justification.

Judge Drew Tipton, a Trump appointee, said the government is legally required to quickly deport illegal immigrants in its custody that have been ordered removed from the country. Tipton said that the Biden administration's concerns about he coronavirus and desire to review immigration law do not supersede that requirement.

"What this preliminary injunction does is bar DHS from unlawfully enacting a blanket 100-day pause which is contrary to law," he wrote.

Tipton said the pause was a violation of the Administrative Procedures Act, which requires agencies to go through a process before making policy changes. The judge said that the administration's case was also hurt by the fact that the pause allowed for the continued deportation of illegal immigrants who posed serious security or safety risks and those who arrived November 1 and later, but not those who arrived in October or before, something Tipton said did not correlate with the administration's supposed concern over curbing the pandemic.

The ruling, a preliminary injunction, will be in place until a fuller court case develops or it is overturned by a higher court.

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