President Joe Biden’s fledgling administration is already facing its first lawsuit.
According to The Hill, Texas Attorney General Ken Paxton is taking the Biden administration to court for an order ending deportations for at least 100 days.
“As soon as practical”
On Thursday, the day after Biden was inaugurated, the Department of Homeland Security issued its 100-day moratorium on deportations.
Acting DHS Secretary David Pekoske heralded the decision, declaring: “I am directing an immediate pause on removals of any noncitizen with a final order of removal (except as noted below) for 100 days to go into effect as soon as practical and no later than January 22, 2021.”
According to the department, the move is necessary to allow it to “reset and review” the enforcement of immigration policies.
While many Democrats expressed support for the new policy, it immediately prompted the Texas lawsuit, through which Paxton is seeking a court order preventing the moratorium from going into effect.
In his lawsuit, the attorney general argued that the order extends beyond the DHS’s authority.
“The largest section of the southern border”
“If left unchallenged, DHS could reassert this suspension power for a longer period or even indefinitely, effectively granting a blanket amnesty to illegal aliens that Congress has refused to pass time and time again,” the lawsuit reads. “The Constitution, controlling statutes, and prior Executive pledges prevent a seismic change to this country’s immigration laws merely by memorandum.”
Paxton separately released a statement in which he accuses the Biden administration of violating federal immigration law.
“In one of its first of dozens of steps that harm Texas and the nation as a whole, the Biden administration directed DHS to violate federal immigration law and breach an agreement to consult and cooperate with Texas on that law,” he said.
Texas, Paxton continued, “defends the largest section of the southern border in the nation” and failing to “properly enforce the law will directly and immediately endanger our citizens and law enforcement personnel.”
Neither the DHS nor the White House has officially issued a statement about the suit as of this writing. Through Paxton’s preliminary court challenge, however, conservatives appear to have some evidence that Texas will be among the states attempting to hold the current administration accountable over the next four years.