The decision enters into force in seven days. Judge Drew Tipton of the Southern Texas District Court found that while the federal government has discretion, the guidelines bind officials in a “general, prospective manner.” “It is true that the Executive Department has the discretion to abandon the imposition of immigration on a case-by-case basis. This case, however, does not involve individual decision-making. On the contrary, this case concerns a rule that binds Ministry officials. “Homeland Security’s a general, forward-looking approach — all in defiance of a congressional detention order,” wrote Tipton, appointed by Donald Trump. The decision comes from a lawsuit filed by the states of Texas and Louisiana. The case concerns a provision of the immigration law which states that undocumented immigrants who have committed crimes will be detained at ICE after being released. The Biden government memorandum sought to prioritize ICE resources for holding undocumented immigrants based on the nature of the crimes they had committed. Tipton had previously ruled against a provisional January note limiting enforcement measures. The latest decision concerns similar directives issued last September.
