The First National Injunction Against the Biden Administration
That did not take long. Today the U.S. District Court for the Southern District of Texas issued the first national injunction against the Biden administration. The order, to be precise a national TRO, prohibits the administration from enforcing and implementing its “100-Day Pause on Removals.”
The rationales given for the nationwide scope are a mix of (1) circuit precedent (correct); (2) immigration needs uniformity (a bad argument but widespread, and previously invoked by both the 5th and 9th Circuits); (3) concern about interference with Congress’s “integrated scheme of regulation” (the sort of concern that would make national injunctions a default
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