- Judge gives time for the Government to appeal the setback for ICE priorities.
- Biden’s administration will have more time.
- Louisiana and Texas were the plaintiff states.
On Monday, a federal judge gave more time to the federal government to file an appeal to its decision to declare void the new deportation priorities of the Immigration and Customs Control Service (ICE), as reported by the Efe news agency.
Last week, Magistrate Drew Tipton, of the Southern District Court of Texas, overturned the new and softened priorities established by the White House of President Joe Biden on February 18 and that were sued by two conservative states, Louisiana and Texas.
What are the new deportation priorities?
The new priorities stipulated by the administration of President Joe Biden focused police efforts on those who commit crimes, effectively stopping the policies of mass raids and the detention of undocumented immigrants in their workplaces, a policy of the administration of former President Donald Trump.
That order from Judge Drew Tipton gave the Department of Homeland Security (DHS) until September 3 for the agency to report what it will do without such priorities. The federal magistrate held that the priorities of the Biden administration violate the mandates of Congress, and that Louisiana and Texas will likely see their argument validated that the policy violates the Administrative Procedures Act.
ICE Priorities: A ‘Respite’ for the Biden Government
But this Monday, Judge Drew Tipton, who was appointed by former President Donald Trump, has agreed to stop the order’s implementation, giving the White House a week to file an appeal. The Biden administration is facing a series of court battles against its immigration policy.
Judge Tipton himself blocked, indefinitely and at the national level, a 100-day moratorium on deportations decreed by President Biden upon his arrival at the White House last January. And last week federal judge Matthew Kacsmaryk, also in Texas and appointed by Trump, ordered the Biden administration to restore the policy known as “Remain in Mexico”, which the president had canceled the day of his inauguration.
Federal judge overrules Biden’s priorities for detaining and deporting migrants
A federal judge in Texas last Thursday declared void the priorities established by the administration of President Joe Biden for the Immigration and Customs Enforcement Service (ICE) to detain undocumented migrants for deportation.
Congress had directed ICE to prioritize the detention of undocumented immigrants, and a memorandum from the Biden Administration on February 18 stipulated that priority be given to detaining individuals who have committed serious crimes or who pose a threat to public safety. and national.
ICE Priorities: Judge Dropped Deportation Priorities
Judge Drew Tipton, in the Southern District Court in Corpus Christi, in the state of Texas, overturned these priorities, siding with the states of Texas and Louisiana that had sued the order. The new priorities stipulated by the Biden administration aimed to focus law enforcement efforts on those who commit crimes, effectively ending policies of mass raids and the detention of undocumented immigrants in their workplaces.
Magistrate Tipton’s order gives the Department of Homeland Security (DHS) until Sept. 3 for the agency to report what it will do without such priorities. Six days after that memorandum, Judge Tipton himself, who was appointed by former President Donald Trump, pushed the first obstacle in the new government’s immigration policy when he blocked, indefinitely and at the national level, a 100-day moratorium on deportations decreed by Biden.
ICE Priorities: Another ‘hit’ for Biden
Last week Federal Judge Matthew Kacsmaryk, also in the state of Texas and appointed by former President Donald Trump, ordered the Joe Biden government to restore the policy known as “Wait in Mexico”, which the president had canceled the same day of his investiture.
Under that policy, instituted by Trump in 2019, tens of thousands of migrants, the vast majority of them Central Americans, who arrived at the US border requesting asylum, have been sent back to Mexico or to their countries of origin to wait. there the processing of your orders.
ICE Priorities: A “Shocking Decision”
In his new decision, Judge Drew Tipton held that the detention priorities implemented by the Biden administration violate the mandates of Congress, and that Louisiana and Texas – the plaintiff states – will likely have their argument validated that this policy violates the Detention Act. Administrative Procedures.
“Tipton has given himself extraordinary powers for a judge to almost oversee the entire ICE apparatus on his own, and demands that he be informed of every individual case, across the country, in which an immigrant is not detained or cannot be deported in 90 days, ”wrote Aaron Reichlin Melnik of the American Immigration Council (AIC) on his Twitter account. “This is a scandalous and unprecedented decision that threatens to force the Biden administration to lock up many immigrants who have long been members of their communities and whom the government does not want to detain and deport,” he added. Filed Under: ICE Priorities.
ICE Priorities: Race Against Time
In a race against time is the Government of President Joe Biden and immigrant advocates to definitively stop the conservatives’ intention to reinstate the “Wait in Mexico” policy, which forced asylum seekers to wait in the neighboring country for the development of the entire process.
The detractors of “Wait in Mexico”, as well as those who are asking for this policy to be reinstated, have until tomorrow, Tuesday at 5:00 pm EST, to present their arguments to the Supreme Court of Justice, as far as the issue went. Last Friday, Supreme Court Judge Samuel Alito gave this deadline following an urgent request from the Biden government to stop an order to reinstate the measure as a result of a lawsuit by two conservative states. Filed Under: ICE Priorities.
They present a document to the Supreme
This Monday a coalition of organizations, including the American Immigration Council (AIC), the Southern Poverty Law Center (SPLC), Human Rights First, and the Center for Gender & Refugee Studies, presented a document to the Supreme Court supporting the White House and the end of the program.
Kate Melloy Goettel, AIC litigation legal director, told Efe that they have asked the Court to “keep the MPP (Migrant Protection Protocols, official name of the Wait program in Mexico) as a stain in the history books, in instead of reestablishing the current disaster ”. Filed Under: ICE Priorities.
A fight that does not seem to end
The “Wait in Mexico” policy was established by the government of now former President Donald Trump in January 2019, and through it tens of thousands of migrants who arrived at the southern border were returned to Mexico. Since Biden arrived at the White House last January, he has ordered the cancellation of the policy and began allowing applicants to enter the United States with processes in place under MPP.
The program sent some 69,000 asylum seekers to the Mexican border, of whom in December 2020 some 22,000 were still at the border, according to a count by the United Nations High Commissioner for Refugees (UNHCR). But last April, the states of Texas and Missouri challenged the Democratic government’s decision in federal court, arguing that they would be forced to spend more resources fighting human trafficking if the MPP was not revived. Filed Under: ICE Priorities.
Texas, the stone in Biden’s shoe
On August 13, federal judge Matthew Kacsmaryk, appointed by Trump, gave the Biden Administration a week to restore enforcement of the policy, siding with the plaintiffs. Last week, Biden appealed to the US Fifth District Court of Appeals to suspend Kacsmaryk’s order, alleging that the Department of Homeland Security (DHS) has no resources to resume MPP.
But the appellate judges sided with the plaintiff states, leaving the government in a race against time and forcing it to resort to the Supreme Court in an emergency. Judge Alito ordered the plaintiffs (Texas and Missouri) to file their response to the DOJ’s request for suspension before 5 p.m. on August 24. Filed Under: ICE Priorities.
The post Good news: Judge gives Biden government time to appeal setback against ICE priorities appeared first on Hispanic World.