Judge Deals Heavy Blow To Biden’s Open Border Policy

There seems to be a palpable shift in energy as of late. The Biden administration no longer is receiving legal win after legal win, strengthening their case for continuing the open border policy disaster that has caused a total crisis on the US-Mexico border.

A federal judge Thursday imposed a preliminary injunction on the Biden administration’s rules that narrow the categories border agents use to arrest and deport illegal immigrants to only those with serious criminal records.

The order was handed down by Judge Drew Tipton and it states the policy was in violation of congressional mandates, and Louisiana and Texas, the two states filed the lawsuit, were likely to succeed in their claim the policy violated the Administrative Procedure Act.

Tipton said ICE agents should be able to pursue migrants in “overlooked categories.”

In a brief that begins by quoting a 1996 Senate Judiciary Committee Report noting the need to enforce immigration laws, Tipton argued agents cannot be required to prioritize some groups of undocumented individuals over others.

The Biden administration issued the guidance in February, limiting ICE to focusing on three categories of immigrants: those who pose a threat to national security’ those who have crossed the border since Nov. 1, and those who committed “aggravated felonies.”

Critics noted the Biden administration guidance coincided with a sharp drop in arrests and deportations by the agency, and accused the Biden administration of trying to handcuff the agency.

Head of America First legal, and a former adviser to Former President Trump, Stephen Miller, celebrated the victory in a statement posted to the America First Legal website:

“This injunction is a critical first step toward ending Biden’s lawsuit assault on our people,” Miller added in his statement. “We must now fight to make those injunctions permanent. I salute Ken Paxton for his deep courage, patriotism, and skill, along with Jeff Landry of Louisiana. AFL will continue to work diligently on this case, including with other states pursuing litigation against these extremist anti-ICE memos.”

The ruling was the latest blow to the Biden administration’s immigration policies. Earlier this year, Tipton blocked the Biden administration from imposing a 100-day deportation freeze on ICE.

And last week, U.S. District Judge Matthew J. Kacsmaryk in Texas ordered the administration to “enforce and implement” the Trump-era remain in Mexico policy in response to a lawsuit, giving the administration seven days to appeal.

So it seems the tides are turning and Biden’s open border policies are hanging by a thread. With this amount of failure, it’s only a matter of time before they are completely reversed by the next Republican administration in just three short years.

Author: Nolan Sheridan