The order marks the first notable setback to Biden’s immigration agenda, which is largely focused on reversing the Trump administration’s controversial immigration policy and ensuring a revision of the U.S. immigration system that former President Barack Obama did not do.
The 100-day break came into effect on Friday. During the campaign, Biden had promised to suspend deportations for 100 days, which was welcomed by immigrant lawyers to see if he was serious about making immigration reform a priority.
In the lawsuit, Paxton argued that the moratorium violated federal laws and agreements the DHS had signed with Texas and several other states that the department must give notice and allow time for a review before making certain changes to immigration policy. The agreements, which were signed in the final days of the Trump administration, were first reported by Buzzfeed News.
However, Tipton’s appointment stated that the decision was not based on this agreement between DHS and Texas. “The problems associated with this agreement are of such seriousness and constitutional importance that they require further development of the protocol and information before merits are addressed,” the judgment explains.
However, according to the order, Tipton noted that Texas was able to demonstrate that the hiatus “poses a significant risk of imminent and irreparable harm to Texas”. He added that Texas had “a significant likelihood of success” in its allegation that the moratorium violated federal law.
In its memorandum, DHS stated that it would introduce a 100-day hiatus on certain moves “to focus the department’s resources where they are most needed”. The department also noted the “unique circumstances” the US is facing in light of the pandemic along the southern border.
The Justice and Homeland Security departments did not immediately respond to requests for comments.