“Unlawful and Perilous”: Texas Sues Biden Over Deportation Freeze

As promised, President Joe Biden put a 100-day freeze on the deportation of illegal immigrants within only a few hours of taking the oath of office on Wednesday. Only two days later, Texas Attorney General Ken Paxton filed a federal lawsuit against the Biden administration, arguing that Biden’s executive order violates an agreement the state entered into with the Department of Homeland Security in the final days of President Trump’s tenure.

“In one of its first of dozens of steps that harm Texas and the nation as a whole, the Biden administration directed DHS to violate federal immigration law and breach an agreement to consult and cooperate with Texas on that law. Our state defends the largest section of the southern border in the nation. Failure to properly enforce the law will directly and immediately endanger our citizens and law enforcement personnel,” Paxton said in a statement. “DHS itself has previously acknowledged that such a freeze on deportations will cause concrete injuries to Texas. I am confident that these unlawful and perilous actions cannot stand. The rule of law and security of our citizens must prevail.”

The agreement Paxton mentions was put into place by former DHS Deputy Secretary Ken Cuccinelli. It requires the federal government to consult with Texas leaders before making changes to national immigration policy. If the courts find that this agreement is enforceable, it could put a major barrier between Biden and his dreams of overhauling our nation’s approach to illegal immigration. A wall, even!

“On its first day in office, the Biden Administration cast aside congressionally enacted immigration laws and suspended the removal of illegal aliens whose removal is compelled by those very laws,” Paxton’s lawsuit says. “In doing so, it ignored basic constitutional principles and violated its written pledge to work cooperatively with the State of Texas to address shared immigration enforcement concerns. This unlawful reversal will cause Texas immediate and irreparable harm if it is not enjoined.”

The lawsuit continues: “Wednesday night, the alleged acting secretary of the Department of Homeland Security (‘DHS’) ordered a halt on nearly all deportations of illegal aliens, including those whose removal was ordered following a full and fair hearing and those who are not entitled—and do not claim to be entitled—to further immigration benefits. If left unchallenged, DHS could re-assert this suspension power for a longer period or even indefinitely, effectively granting a blanket amnesty to illegal aliens that Congress has refused to pass time and time again. The Constitution, controlling statutes, and prior Executive pledges prevent a seismic change to this country’s immigration laws merely by memorandum.”

Historically, any kind of amnesty – hell, even the rumor that amnesty could be coming – has led to massive increases in the amount of illegal immigration at the southern border. And this is exactly what we’re already seeing as a result of Biden’s changes, both realized and promised. Texas has every right to sue, because it is their state that will bear much of the brunt when it comes to this migration.

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