Texas AG Ken Paxton Sues Biden Administration Over 100-Day Deportation Pause

Texas Attorney General Ken Paxton has sued the administration of President Joe Biden on Friday for refusing to rescind the 100-day pause on deportations.

In his motion calling for a temporary restraining order (TRO), Ken Paxton cited a deal between the Trump administration and some states like Texas that required the new administration to consult with jurisdictions before making changes on immigration policies.

On Wednesday, Pres. Biden signed an executive order calling for the revision of some U.S. immigration policies, Newsweek reported. Department of Homeland Security (DHS) Acting Director David Pekoske responded to Biden's directive by halting deportations for 100 days as immigration enforcement policies are being reviewed.

Paxton then warned the DHS that he would file suit to prevent the deportation halt from taking effect.

"I told the Department of Homeland Security and Joe Biden last night to rescind its deportation freeze, which is unconstitutional, illegal, and bad for Texas and the nation. They didn't budge. So Texas is bringing them to court," he tweeted.

Ken Paxton has filed litigation with the U.S. District Court for the Southern District of Texas on Friday to stop the DHS' actions.

"In one of its first of dozens of steps that harm Texas and the nation as a whole," he noted that "the Biden administration directed DHS to violate federal immigration law and breach an agreement to consult and cooperate with Texas on that law."

In a statement, Ken Paxton noted that their state defends the largest section of the southern border in the nation.

He argued that failure to enforce the law properly would "directly and immediately endanger" their citizens and law enforcement personnel.

Ken Paxton's Lawsuit

Ken Paxton claimed that the deportation pause violates an agreement between Texas and the DHS that was finalized last Jan. 8.

The agreement required the department to provide 180 days' notice before making changes to immigration policy and enforcement practices, Washington Post reported.

Several legal scholars called the DHS agreement with Texas and other states highly unusual and an attempt to stop Pres. Biden from undoing Trump's immigration policies by giving states power to veto. It is still unclear whether the agreement can block Biden's moves.

According to a USA Today report, Pekoske released a memo that excluded non-citizens suspected of terrorism or espionage or those found to pose a security phase.

The memo said the freeze does not apply to those who voluntarily waive the right to remain in the U.S. The DHS further noted that nothing in the memorandum prohibits the apprehension or detention of individuals unlawfully in the U.S.

Meanwhile, a lawyer for the Biden administration expressed skepticism over the agreement's legality and enforceability, adding that the Trump administration cannot bind the next president's immigration actions through a late deal with a single state.

Adam Kirschner, a Justice Department lawyer, said that Texas is trying to remove the discretion provided by Congress and the Constitution and give immigration enforcement the power to the state.

However, Paxton's lawyer, Will Thompson, argued that the agreement was a binding contract, which requires federal authorities to give Texas proper notice before changing immigration policies. Thompson said that there is no justification for departing from that agreement.