August 20, 2021

A Trump Federalist Society judge in Texas has declared himself the King of ICE in a shocking Thursday ruling that stopped the Biden administration from enforcing its previously outlined priorities. Via

U.S. District Judge Drew B. Tipton, appointed by then-President Donald Trump in 2020, authored the order enjoining two immigration memos issued on Jan. 20 and Feb. 18 by the U.S. Department of Homeland Security and ICE directors, respectively.

[...] With the issuance of his sprawling, 160-page opinion and order, however, Tipton wiped away all of ICE’s enforcement priorities.

Texas and Louisiana requested a preliminary injunction against those enforcement priorities in April. The order from the U.S. District Court for the Southern District of Texas grants that relief but is not limited to the Fifth Circuit, rather, is issued “on a nationwide basis and prohibits enforcement and implementation in every place the government has jurisdiction to enforce and implement” the memos.

But wait, there's SO MUCH MORE!

“By September 3, 2021, the Government must file with the Court the legal standard it is abiding by with respect to the detention of aliens covered by or subject to 8 U.S.C. § 1226(c)(1)(A)–(D) given the Court’s injunction of the Memoranda at issue in this lawsuit,” Tipton demands in the final pages of his opinion–referring to the statute that governs detention of undocumented immigrants who are subject to deportation or not allowed to enter the country at all.

“The information should state with specificity what guidance, protocols, or standards control the detention of these aliens in light of the fact that the Memoranda have been enjoined,” the order clarifies.

Tipton also imposes a similar system on the government with respect to the federal statute generally governing the detention of undocumented immigrants, 8 U.S.C. § 1231(a)(2).

The Biden administration is also ordered to “file with the Court on the 5th day of each month a report stating the number of aliens known to the Government, who are covered by or subject to [the two relevant statutes] who were released from custody during the previous month, and whom ICE did not detain immediately upon their release.”

“For each of these aliens, provide under seal the alien’s last known residence or address and the offense for which the alien had been incarcerated,” the order notes. “Additionally, for each alien not detained, the Government shall make and retain a contemporaneous record of the reason why the alien was not detained and the individual who made that specific determination.”

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