The policy, introduced last September, encourages officials not to deport foreigners living in the country for years without incident and to focus on those with a serious criminal record. In a scathing 96-page ruling, U.S. District Judge Drew Tipton argued that the policy exceeded the executive branch’s authority to enforce immigration. “It is true that the executive branch has the discretion on a case-by-case basis to abandon the imposition of immigration on a particular person. This case, however, does not involve individual decision-making. “Instead, this case concerns a rule that binds Homeland Security officials in a general, forward-looking way — all in violation of a congressional detention order,” wrote Tipton, Trump’s former president. Last September, DHS Secretary Alejandro Mayorkas argued that the policy was fair, saying that most undocumented immigrants “have been contributing to our communities for years” and that it was needed because of limited resources. “The fact that a person is a disqualified non-national should not in itself be the basis of an enforcement action against him,” he added. “We focus our resources because they are limited and because of our commitment to justice.” Tipton rejected the argument in favor of a policy based on resource constraints in his decision. “It is also true that the Executive can prioritize its resources. But it must do so within the limits set by Congress. “Whatever the external limits of its power, the executive does not have the power to change the law,” he said. The decision was applauded by Louisiana and Texas Attorneys General, who had challenged the policy. How the January 6 panel tries to approach the apathetic and astonishing director of the CDC signs order to end the COVID-19 test requirement for international travelers “I just gave Biden another huge defeat in court. He tried to overturn immigration laws, saying DHS should not hold criminals illegally. The court now says it must. “I will always stand with the Democrats and the rule of law,” Texas Attorney General Ken Paxton (R) wrote on Twitter. “This is an important victory for our #National Security and the #Rule of Law!” Louisiana Attorney General Jeff Landry (R) said in his tweet. The Hill contacted DHS for comment.
