STORY: Texas has filed a lawsuit seeking to stop President Biden’s pause on deportations by claiming that the DHS violated the terms of an agreement with the previous administration that guaranteed the state a chance to weigh in on immigration policies.

buzzfeednews.com/article/hameda…
In December and January, DHS signed agreements with multiple jurisdictions, including the state of Arizona, Indiana, South Carolina, Alabama, and Texas, that appeared to be an effort to hamstring the Biden administration’s goals to pause deportations & make other moves.
Ken Paxton is seeking to block the moratorium by claiming that its immediate implementation violates the agreement the state signed with DHS, along with alleged violations of federal immigration and administrative law.
Legal experts are skeptical.

“This is exactly what they are designed to do — cynically gum up Biden’s immigration agenda. But the agreements are unenforceable," one professor told me.
.@steve_vladeck:

“It sure would be something if one administration could enter into a contract with a state that barred its successor from exercising any discretion in enforcing the relevant federal laws."
I remember getting these agreements recently and thinking they were very strange and wondering whether anything would happen with them.

It took 2 days for Texas to sue over their DHS agreement (which is the same as all the other versions).

Now, I expect more lawsuits.

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More from @Haleaziz

22 Jan
NEW: Federal judge Tipton just ended the hearing over Texas' lawsuit seeking to block the Biden administration from pausing deportations for 100 days --- he issued no ruling right away BUT it seems possible he blocks the deportation pause as the case moves forward.
The DOJ attorney, Adam Kirschner, basically said the agreement Texas had signed with Trump's DHS was useless.

Kirschner said that DOJ had serious concerns about the agreement Texas signed with Trump's DHS in January.
He said that Texas was basically asking to "run federal immigration law" and that they were saying that DHS "signed over the statutory rights provided to it by Congress to the state of Texas for 180 days."
Read 7 tweets
22 Jan
With little fanfare, the DHS OIG published a VERY redacted copy of an independent investigation into the office.

"The agency was beset by employees’ accusations of misconduct & retaliation, frequent internal investigations of OIG personnel & complaints & counter-complaints…."
There are multiple references to Game of Thrones and an all-time footnote explaining who. Arya is and her character's background (not a good sign for the office).
Last week, we saw that the Department of Justice OIG released a very thorough report on the family separation policy at the border. The report was considerably more substantive than any DHS OIG investigation I've seen in recent years.
Read 4 tweets
22 Jan
.@KenPaxtonTX says Biden administration is violating the agreement TX signed w/ Trump’s DHS, which said the agency would check in with Texas before making changes.

“We require an immediate response or we will seek relief to enjoin your order, as contemplated by the Agreement.”
The agreement, which was first reported by @BuzzFeedNews, requires that DHS to provide notice of immigration policy changes and allow the jurisdictions six months to review and submit comments before the agency moves forward.

buzzfeednews.com/article/hameda…
How legally enforceable is this agreement? Some experts have laughed it off. But it’s pretty unusual and seems like untested waters.

Arizona, Indiana, South Carolina, and Louisiana, also signed the agreement.

H/t @camiloreports for flagging the Paxton statement.
Read 5 tweets
21 Jan
STORY: The Biden administration on Friday will pause deportations for many undocumented immigrants who have final orders of removal.

The directive is a monumental shift in ICE's approach to immigration enforcement.

buzzfeednews.com/article/hameda…
The memo states that the 100-day pause applies to to all noncitizens with final deportation orders except those who have engaged in a suspected act of terrorism, people not in the US before Nov. 1, 2020, or those who have voluntarily agreed to waive any right to remain in the US.
There is also an exception for individuals who the acting director of ICE determines should be deported. The memo did not immediately address those in ICE detention.
Read 5 tweets
21 Jan
BREAKING: DHS announces deportation moratorium — it begins on Friday.
Obviously, the key sentence here is 'certain noncitizens' --- how that is defined is ultimately the most important part of figuring out how expansive this moratorium is.
NEW: Here is who the moratorium DOES NOT apply to:
Read 5 tweets
21 Jan
NEW: DHS announces that effective Thursday it "cease adding individuals into the" Remain in Mexico (or MPP) Program.

"All current MPP participants should remain where they are, pending further official information from U.S. government officials."
COVID-19 travel restrictions remain in place, officials say.
Immigration courts have suspended Remain In Mexico processing since this summer so people who have been placed into the program recently have been waiting in Mexico without any idea of when their court date will take place.
Read 7 tweets

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