Author Topic: Texas v. United States  (Read 217 times)

0 Members and 1 Guest are viewing this topic.

Online Elderberry

  • TBR Contributor
  • *****
  • Posts: 24,278
Texas v. United States
« on: February 11, 2021, 11:11:12 pm »
Civil Rights Litigation Clearinghouse

Case Name    Texas v. United States    IM-TX-0057
Docket / Court    6:21-cv-00003 ( S.D. Tex. )    
State/Territory    Texas    
Case Type(s)    Immigration and/or the Border
Attorney Organization    ACLU Chapters (any)
ACLU Immigrants' Rights Project
ACLU National (all projects)

Case Summary
   
Shortly after President Joe Biden's inauguration on January 20, 2021, Acting Homeland Security Secretary David Pekoske issued a memorandum ordering U.S. Immigration and Customs Enforcement ("ICE") to halt most deportations from the United States for 100 days ("100 day pause"). The 100 day pause was intended to allow time for ICE to overhaul its enforcement priorities and focus its efforts on threats to national security, public safety, and border security. The 100 day pause did not apply to individuals who arrived after November 1, 2020 and allowed for certain exceptions, including national security.

Two days later, Texas Attorney General Ken Paxton filed this lawsuit against the United States, Acting Secretary Pekoske, DHS, USCIS, CBP, ICE, and various officials from each agency in the U.S. District Court for the Southern District of Texas to try and block the 100 day pause on deportations. Texas sought a declaration that the memorandum was unlawful, a preliminary and permanent injunction preventing the defendants from implementing the memorandum, and attorney's fees and costs. Texas alleged that the 100 day pause violated an agreement Paxton and Texas Governor Greg Abbott signed with former Acting Deputy Secretary of Department of Homeland Security Ken Cuccinelli that required the federal government to provide six months notice and consult with Texas before taking action that could reduce immigration enforcement or increase the number of noncitizens who were removable or inadmissible in the United States. Paxton and Abbott signed this agreement days before President Biden's inauguration. Texas also argued that the 100 day pause violated the Take Care Clause of the Constitution because it directed the executive to not enforce the law.

In addition, Texas alleged that the 100 day pause violated the APA in several different ways. First, Texas argued that the 100 day pause violated the APA because the pause would prevent DHS from complying with Section 1231 of the Immigration and Nationality Act. Section 1231 provides that “when [a noncitizen] is ordered removed, the Attorney General shall remove the [noncitizen[ from the United States within a period of 90 days.” Texas argued that this created a 90 day deadline for removals to occur and that a 100 day pause in removals would necessarily cause DHS to go beyond this deadline. Second, Texas argued that the pause violated the APA because it was arbitrary and capricious in violation of the APA. Texas alleged that the 100 day pause represented a sharp departure from previous policy but that the memorandum failed to explain the change or consider the harm halting removals would cause, thereby rendering it arbitrary and capricious. Third, Texas alleged that the 100 day pause was a legislative rule requiring notice and comment under the APA. Lastly, Texas argued that the 100 day pause prevented DHS from enforcing immigration laws and was ultra vires because it exceeded the authority DHS could delegate.

More: https://www.clearinghouse.net/detail.php?id=18039&search=source%7Cgeneral%3BcaseCat%7CIM%3Borderby%7CfilingYear%3B

Offline libertybele

  • Hero Member
  • *****
  • Posts: 56,522
  • Gender: Female
Re: Texas v. United States
« Reply #1 on: February 11, 2021, 11:15:59 pm »
Biden has announced that he may restrict travel to FL, so I think that FL will file a lawsuit against the U.S. of some sort.

Things are starting to become ugly.
Romans 12:16-21

Live in harmony with one another; do not be haughty, but associate with the lowly, do not claim to be wiser than you are.  Do not repay anyone evil for evil, but take thought for what is noble in the sight of all.  If it is possible, so far as it depends on you, live peaceably with all…do not be overcome by evil, but overcome evil with good.

Offline IsailedawayfromFR

  • Hero Member
  • *****
  • Posts: 18,746
Re: Texas v. United States
« Reply #2 on: February 12, 2021, 10:21:13 am »
The pushback to the overstepping lib agenda is accelerating.
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington