On Tuesday, President Trump ordered DHS to grant temporary status to thousands of Venezuelans for 18 months.
On Wednesday, Biden paused deportations for 100 days.
Both of those actions violate the illegal contract signed with Texas. But guess which one Paxton is suing about? 🤔
On Wednesday, Biden paused deportations for 100 days.
Both of those actions violate the illegal contract signed with Texas. But guess which one Paxton is suing about? 🤔
https://twitter.com/lawrencehurley/status/1352695449388527617
Here's a copy of the TRO. It claims that "Texas faces irreparable harm from having to provide costly educational, social, welfare, healthcare, and other services to illegal aliens who remain in Texas because Defendants have ceased removing them."
courtlistener.com/recap/gov.usco…
courtlistener.com/recap/gov.usco…
Here is a full copy of the agreement between DHS and the State of Texas.
It was signed by Ken Cuccinelli on behalf of DHS—which, given the fact that he was unlawfully appointed to his job means the entire agreement is null and void on that ground alone.
courtlistener.com/recap/gov.usco…
It was signed by Ken Cuccinelli on behalf of DHS—which, given the fact that he was unlawfully appointed to his job means the entire agreement is null and void on that ground alone.
courtlistener.com/recap/gov.usco…
For a contract to be valid, both parties have to provide "consideration"—they have to give something up. Otherwise it's just a gift.
So what was the consideration Texas gave up in exchange for DHS running every single policy decision by them?
What they were already doing!
So what was the consideration Texas gave up in exchange for DHS running every single policy decision by them?
What they were already doing!
Needless to say, this entire agreement is laughably illegal for all kinds of reasons:
- Signed by a DHS official unlawfully appointed
- Fails the basic requirement of contract law
- Delegates authority without Congressional permission.
- Enforcing it would violate federalism.
- Signed by a DHS official unlawfully appointed
- Fails the basic requirement of contract law
- Delegates authority without Congressional permission.
- Enforcing it would violate federalism.
In short, today Ken Paxton sued on an invalid contract signed by an unlawful official that would be unconstitutional to enforce.
It appears that Paxton's lawsuit seeking to overturn the deportation moratorium has already been assigned to Drew B. Tipton, a Trump appointee who took the bench in June 2020, after 21 years as a labor and employment lawyer in Houston at Baker Hostetler.
Needless to say, the Biden administration likely dodged a bullet by the case being assigned to Judge Tipton (who seems perfectly fine on quick Googling, albeit more conservative than I would personally like) rather than Judge Hanen, who is known for his anti-immigrant views.
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