Judge Tosses Homeland Security Policy Directing Officials to Use Discretion in Deportation Cases
The policy, which was introduced last year under the Biden administration, encouraged officials not to deport illegal immigrants who have lived in the country for years and have no other criminal history.
U.S. District Judge Drew Tipton issued a furious 96-page ruling, according to The Hill.
“True, the Executive Branch has case-by-case discretion to abandon immigration enforcement as to a particular individual. This case, however, does not involve individualized decisionmaking. Instead, this case is about a rule that binds Department of Homeland Security officials in a generalized, prospective manner—all in contravention of Congress’s detention mandate,” he wrote.
DHS Secretary Alejandro Mayorkas justified the ruling last year by saying it was necessary due to the agency’s limited resources.
Addressing that point, Tipton also wrote, “
“It is also true that the Executive Branch may prioritize its resources. But it must do so within the bounds set by Congress. Whatever the outer limits of its authority, the Executive Branch does not have the authority to change the law.”
The two Republican attorneys general who challenge the policy lauded the decision on Twitter.
Ken Paxton of Texas tweeted, “I just dealt Biden another massive defeat in fed court. He tried to throw out immigration law, saying DHS didn’t have to detain criminal illegals. The court now says he must. I will always hold the line with the Dems and the rule of law.”
Jeff Landry of Louisiana kept it short and sweet, saying, “This is a major win for our #NationalSecurity and the #RuleOfLaw!”
DHS has not commented on the ruling at this time.