Federal Judge Blocks Biden Rule On Discretionary Deportation

Once again, Joe Biden loses in court. And you know if this had occurred with Trump, or any Republican, in the White House, the headline would read “Trump policy encouraging discretion in deportation blocked by judge”.

DHS policy encouraging discretion in deportations blocked by judge

In fairness, CBS News and Reuters did go with Biden, instead of DHS. Of course, they seem to be the only ones covering this along with the aforementioned The Hill piece. Nothing from the NY Times, Washington Post, ABC News, or NBC News

A judge in Texas on Friday threw out a policy instituted by the Department of Homeland Security (DHS) last year that directed border officials to exercise discretion in deportation cases.

Introduced last September, the policy encourages officials not to deport noncitizens who have lived in the country for years without incident and to focus on those who have a serious criminal record.

In a scathing 96-page ruling, U.S. District Judge Drew Tipton argued that the policy overstepped the executive branch’s authority regarding immigration enforcement.

“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,” Tipton, an appointee of former President Trump, wrote.

Well, not so much as a mandate, but, actual law.

Last September, DHS Secretary Alejandro Mayorkas argued both that the policy was just, saying most undocumented immigrants “have been contributing members of our communities for years,” and that it was needed due to limited resources.

“The fact that an individual is a removable noncitizen should not alone be the basis of an enforcement action against them,” he added. “We focus our resources because they are limited, and because of our dedication to doing justice.”

But, DHS was tasked with simply ignoring most illegals unless they were the worst of the worst. The law says if they are known and caught they be deported. Period.

“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,” Tipton said.

Since when did Biden care about the letter of the law? And he and DHS will probably ignore the judge’s order.

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