Chief Justice John Roberts’ decision last June to join the liberal wing of the court meant a respite for Dreamers – who came to the United States as children but were brought in by parents who lacked legal status. The ruling angered many conservatives by thwarting Trump’s immigration policies and easing pressure on Congress to negotiate with the government, but conservative right-wing activists are now trying to use the precedent to challenge Biden’s efforts to reverse various Trump-era policies to deliver.
The new lawsuit argues that Biden officials failed to adequately explain their decision to curb the Trump administration’s orders issued last year under the authority of Title 42 to prevent large numbers of foreigners from entering the United States as part of the effort Stop Virus Fighting. The lawsuit also alleges that a formal exemption given by Biden officials to allow unaccompanied minors to enter the United States has been informally extended to families with children.
A Justice Department spokesman declined to comment on the lawsuit.
By filing the case in Fort Worth, Paxton effectively guaranteed that he would be assigned to one of two Conservative Republican-appointed judges. Court records show that it was actually assigned to one of those lawyers, Trump-appointed Mark Pittman.
The suit paints Covid-19 as a grave threat to the US and cites fatality statistics, which Trump described as “far exaggerated” earlier this year, the actual number of victims.
America First attorney on this case, Gene Hamilton, was a senior Trump administration advisor on immigration policy in the Department of Homeland Security and the Department of Justice.
Biden has appointed top regulatory attorneys like former Obama administration regulator Cass Sunstein to help fend off legal challenges like the one filed on Thursday.