AG Paxton wins major immigration ruling for Texas against Biden administration forcing compliance with federal immigration laws

United States District Judge Drew B. Tipton.

The Golden Hammer Staff Reports

Victoria and Austin, August 23 – On Thursday, August 19, 2021, United States District Judge Drew B. Tipton of the Southern District of Texas, Victoria Division, issued a major ruling in favor of the States of Texas and Louisiana against the Biden administration over enforcement of federal immigration laws. The ruling prohibits the Biden administration from enforcing three memoranda – one issued on January 20, 2021, and two on February 18 – which would not require the federal government to detain illegal aliens convicted of serious drug offenses, aliens convicted of crimes of moral turpitude, and aliens subject to a final order of removal.

Attorney General Ken Paxton, who filed the lawsuit on behalf of the State of Texas, said he is pleased with the district court’s decision to issue a nationwide preliminary injunction against the Biden Administration after they failed to detain dangerous criminal aliens. This is the latest of series of immigration wins against the federal government for the State of Texas.

Federal law requires the Department of Homeland Security to take control of illegal aliens convicted of certain crimes after they serve their sentence. But the Biden Administration rashly decided to stop detaining illegal aliens convicted of crimes relating to drugs or moral turpitude—despite federal law—forcing Texas to sue. Today, the United States District Court for the Southern District of Texas ruled that the Biden Administration’s policies violated federal law. In the 160 page ruling, the court also ordered the federal government to disclose important information about its practices “[t]o ensure compliance with this Preliminary Injunction.”

“The district court sided with the great State of Texas, granting us some much-needed relief—a preliminary injunction,” General Paxton said. “The court saw the blatant irresponsibility from the Biden Administration that has caused tremendous harm to the safety of all Texans. It’s time for the federal government to wake up and address the chaos that they caused—and in the meanwhile, we will fight tooth and nail to protect Texans from their carelessness.”

The federal law requiring detention of illegal aliens in those three categories by the federal government came into effect after Congress passed the 1996 immigration reforms. During the hearings prior to passage of those reforms, the Senate Judiciary Committee noted in its Report, “No matter how successful Congress might be in crafting a set of immigration laws that would—in theory—lead to the most long-term benefits to the American people, such benefits will not actually occur if those laws cannot be enforced.” Similarly, the United States Supreme Court has stated in 2003 in Demore versus Kim that “deportable criminal aliens who remain[] in the United States often commit[] more crimes before being removed.” These observations, among others, led to the wholesale reform of the United States’ immigration laws in 1996.

Tipton concluded his memorandum opinion and order with the following comment: “Now, over two decades later, the States of Texas and Louisiana seek to have the Executive Branch adhere to two federal immigration statutes passed during that wholesale reform. Although this case involves many issues of administrative and immigration law, its core concerns whether the Executive Branch may implement a policy that directly conflicts with laws that Congress enacted. The answer is no. In the end, through all their detailed explanations of the Executive’s seemingly unending discretion, the Government substantially undervalues the People’s grant of ‘legislative Powers’ to Congress.”



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