Absolutely ridiculous. This is going to cause HUGE instability inside DHS at a moment where it needs stability.
Now we'll get to see whether the Supreme Court has the same level of extreme deference to DHS that it had under Trump.
Now we'll get to see whether the Supreme Court has the same level of extreme deference to DHS that it had under Trump.
https://twitter.com/Haleaziz/status/1354150932531974144
Judge Tipton made clear in his decision that he was NOT ruling on the basis of Texas's "contract" with DHS, but instead ruled solely on the Administrative Procedures Act claims.
https://twitter.com/Haleaziz/status/1354152301376598016
Very important caveat to Judge Tipton's order: it does NOT apply to the "Interim Civil Enforcement Guidelines" (the new priorities) in Section B of the memorandum from Wednesday night. It applies ONLY to the moratorium itself in Section C.
And as @DLind points out, that also leaves in place the portions of the memorandum that revoked a number of bad Trump-era policies.
https://twitter.com/DLind/status/1354157170661728258
Because Judge Tipton is largely unfamiliar with immigration law and has apparently had to take a crash course in it over the weekend, his decision leaves open a lot of questions, like... could DHS just grant administrative stays of removal to anyone scheduled for deportation?
The moratorium memo also revoked a whole bunch of terrible Trump memos. And with new enforcement priorities going into place 5 days from now, DHS will presumably be told to review cases for the exercise of prosecutorial discretion. So... would that violate the TRO? Who knows!
"Standing" is a doctrine that many Americans heard of for the first time in recent weeks. So what was Texas's "standing" to get a judge to overturn the moratorium?
As @segalmr suggests, it's a pretty awful theory, with a lot of unexplored ramifications.
As @segalmr suggests, it's a pretty awful theory, with a lot of unexplored ramifications.
https://twitter.com/segalmr/status/1354160925931155458
At a hearing on the TRO yesterday, the DOJ asked Judge Tipton to stay his decision if he was going to enter a TRO. He did not address that request in today's decision. So DOJ may choose to go directly to the 5th Circuit to seek an emergency stay.
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