In its continued efforts to liberalize immigration policy, the Biden administration has suffered another setback at the hands of a federal judge in Texas.
In his ruling on Friday, Judge Drew Tipton invalidated a rule issued by Homeland Security Secretary Alejandro Mayorkas to Immigration and Customs Enforcement in September that prohibited agents from detaining or deporting illegal immigrants unless they had recently entered the United States or were identified as a potential threat to public safety or national security.
Texas and Louisiana have filed a lawsuit to invalidate the rule, arguing that it violated federal law. Tipton agreed, but he let the administration one week to submit an appeal of his decision.
A DHS spokeswoman informed Fox News that the agency was “considering next steps.”
Tipton argued that while the federal government had “case-by-case discretion” to enforce immigration law regarding individual illegal aliens, it has the jurisdiction to make wider decisions about executing — or not enforcing — rules enacted by Congress respecting entire groups of persons.
According to the Constitution, the executive branch is responsible for implementing and enforcing laws passed by Congress. The executive branch does not have the authority to disregard the will of Congress as codified in law.
Tipton stated that the Biden administration’s reasoning “offers an implausible construction of federal law that flies in the face of the limitations imposed by Congress,”
More on this story via The Western Journal:
Mayorkas made the administration’s intentions clear in an interview this year in which he trumpeted the progress ICE had already made, under the guidance of his memo, in reducing arrests and removals.
“We have fundamentally changed immigration enforcement in the interior. For the first time ever, our policy explicitly states that a non-citizen’s unlawful presence in the United States will not, by itself, be a basis for the initiation of an enforcement action,” Mayorkas told CBS News in January.
“This is a profound shift away from the prior administration’s indiscriminate enforcement,” he added. Read more…