Biden deportation ban tripped up by same 73-year-old law that hampered Trump executive orders

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Texas judge halts Biden's order directing 100-day deportation pause, citing law that restrained Trump

from acting Homeland Security Secretary David Pekoske that halted removing those who already had final orders of removal against them appeared to run afoul of the Administrative Procedure Act, which governs how federal agencies conduct rulemaking. The same law was used to block a number of Trump administration actions as well.

The Biden administration argued that the 90-day time frame is not mandatory, but Tipton disagreed. He noted that the statutory language says that"when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days."WHAT WILL BIDEN'S IMMIGRATION OVERHAUL MEAN FOR NATIONAL SECURITY?

"Here, the January 20 Memorandum not only fails to consider potential policies more limited in scope and time, but it also fails to provide any concrete, reasonable justification for a 100-day pause on deportation," Tipton wrote.

 

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