SDTX Enjoins Biden Administration’s 100-Day Moratorium on Deportations Based on DACA Decision
For much of the last six years, there has been several Texas v. United States cases floating around the federal courts. In each dispute, Texas has asserted that the federal government’s enforcement of immigration law was unlawful. The latest case, which I flagged on Friday, challenges the Biden administration’s 100 day moratorium on deportations.
Today, a federal judge in the Southern District of Texas has issued the first nationwide injunction against the Biden Administration. Co-blogger Sam Bray wrote about the scope of that injunction. Here, I’d like to flag the Court’s “arbitrary and capricious” analysis.
Texas argued that the January 20 memorandum was issued “without any consideration whatsoever of a [more limited] policy.” And, Texas favorably cited Chief Justice Roberts’s DACA decision. Last June, Regents seemed like a John Roberts special to stop the Trump Administration. It very well may have been. But now, lower courts have been charged with Monday-morning-quarterbacking every change in executive-branch policy.
The federal cou
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