From the Texas Tribune: Ken Paxton files lawsuit challenging Biden administration’s pause on deportations

For next week's GOVT 2305 written assignment

Conflict between Texas government and the Biden Administration begins.

- Click here for the entry.

Three days into the Biden administration, Texas Attorney General Ken Paxton has filed his first lawsuit against the federal government. The lawsuit seeks an halt to one of the president's executive actions on immigration, a 100-day pause on some deportations.

The moratorium, issued the same day as the presidential inauguration, was one of a flurry of early executive actions from the new administration. It is part of a review and reset of enforcement policies within Customs and Border Protection, Immigration and Customs Enforcement, and the U.S. Citizenship and Immigration Services agencies as the Biden administration "develops its final priorities," according to a statement from the Department of Homeland Security.

Paxton said the moratorium violates the U.S. Constitution and various federal and administrative laws, as well as an agreement between Texas and DHS.

“When DHS fails to remove illegal aliens in compliance with federal law, Texas faces significant costs,” reads the complaint, which was filed in federal court in the U.S. Southern District of Texas. “A higher number of illegal aliens in Texas leads to budgetary harms, including higher education and healthcare costs.”

On Friday afternoon, federal Judge Drew Tipton heard arguments on the state’s request for a temporary restraining order to prevent the moratorium until the case moves ahead. Tipton, a Trump appointee who took the bench in 2020, did not say when he’d rule but noted that the policy was scheduled to begin Friday.

The filing also alleges various other violations, including against posting-and-comment rules, as well as failure to ensure laws are "faithfully executed." In a statement, a spokesperson for the Department of Homeland Security said they were "not able to comment on pending litigation."

- Click here for the lawsuit.

Relevant Terms: 

- Biden Administration
- Texas Attorney General
- Ken Paxton
- lawsuit
- federal government
- executive actions
- immigration
- moratorium
- enforcement policies
- Department of Homeland Security
- Customs and Border Protection, Immigration and Customs Enforcement
- U.S. Citizenship and Immigration
- U.S. Constitution
- federal and administrative laws
- federal court
- Federal Judge Drew Tipton.
- temporary restraining order.
- faithfully executed
- aggravated felony
- federal immigration law.
- Obama-era Priority Enforcement Program
- federal, state and local agencies
- Deferred Action for Childhood Arrivals
- U.S. Supreme Court