Topline
Just two days after President Joe Biden took office, Texas Attorney General Ken Paxton (R) announced Friday that he’s suing the Biden administration over its plan to freeze most deportations for the next 100 days, an early signal that some conservative state officials plan on fighting in courtrooms to halt Biden’s agenda.
District of Columbia Attorney General Karl Racine (L) and Texas Attorney General Ken Paxton speak … [+] during the launch of an antitrust investigation into large tech companies outside of the US Supreme Court in Washington, DC on Sept. 9, 2019.
AFP via Getty Images
Key Facts
Paxton’s lawsuit aims to reverse a 100-day deportation moratorium imposed by Biden starting Friday, which pauses removals for most immigrants who entered the United States before November and aren’t deemed national security threats.
Paxton claims the deportation freeze runs afoul of federal law and violates a contract DHS signed with Texas in the final weeks of former President Donald Trump’s term, in which the federal government promised to give the state written warning and 180 days to weigh in before enacting any major changes to immigration policy.
DHS declined to comment, citing pending litigation, and the White House did not immediately respond to a request from Forbes.
Crucial Quote
“Our state defends the largest section of the southern border in the nation. Failure to properly enforce the law will directly and immediately endanger our citizens and law enforcement personnel,” Paxton said in a statement.
Chief Critic
Immigration advocates have blasted the last-minute contracts the Trump-era DHS signed with Texas and other states last month, arguing they were designed to paralyze Biden’s agenda. Aaron Reichlin-Melnick, a lawyer at the pro-immigrant American Immigration Council, believes the agreements are likely illegal, tweeting Friday the agency didn’t have the authority to delegate its decisions on immigration policy to state governments.
Key Background
Biden’s administration announced the 100-day deportation freeze on Wednesday, amid a flurry of other major policy changes including a reversal of the 2017 travel ban against majority Muslim countries. DHS framed the moratorium as a way to give the agency time to reset its priorities, but conservatives quickly criticized the move, arguing it would hamper law enforcement agencies’ ability to swiftly remove people who pose a threat.
What To Watch For
Friday’s lawsuit against DHS is likely the first of many legal battles initiated by Paxton. Less than three hours after Biden’s swearing-in, Paxton vowed on Twitter to “serve as a major check” against the new administration, promising frequent legal challenges.
Tangent
Paxton and Gov. Greg Abbott (R) — Paxton’s predecessor as Texas’ top lawyer — took a similar tack during former President Barack Obama’s term, launching dozens of lawsuits with mixed success over Obama’s immigration plans, healthcare reform efforts and other actions. In early 2016, Abbott described his routine as attorney general as, “wake up and go to the office and sue the federal government.” Most notably, Abbott led a stalled multi-state legal challenge against Deferred Action for Childhood Arrivals, a program protecting some undocumented immigrants brought to the United States as children.
Further Reading
Analysis: Top Texas lawyers skipping the honeymoon with the Biden administration (Texas Tribune)
Texas vs. the feds — a look at the lawsuits (Fort Worth Star-Telegram)
