In a 105-page order, a federal judge in Texas granted a preliminary injunction yesterday blocking the Biden administration from implementing a 100-day deportation pause. The same court previously blocked the pause by issuing a temporary restraining order. The injunction is effective immediately and applies nationwide. As a result, I expect to see the administration turn to the U.S. Court of Appeals for the Fifth Circuit soon. The first 20 pages of the opinion read like someone’s notes about how immigration law works. Entire sentences are devoted to such claims as “ICE is an agency within [...]
ICE issues enforcement priorities
Last week, ICE issued new enforcement priorities meant to guide its immigration detention and removal activities. In a memo signed by Acting Director Tae D. Johnson, the agency outlines three types of risks—national security, border security, and public safety—that it will prioritize at least temporarily. The memo notes that permanent priorities are expected within 90 days. Until permanent priorities are distributed, the Johnson memo, released on February 18, sets ICE’s enforcement parameters. It does not, however, apply to Customs and Border Protection, the Department of Homeland Security [...]
Immigration possibilities & challenges
On the campaign trail, Democrats promised to break from the Trump administration’s immigration policies. Already, the Biden-Harris administration has taken several steps in that direction, but the path ahead is filled with political obstacles and legal challenges. Later this week, I'll discuss options available to the new administration and challenges it is likely to face—from activists on the left and Republicans on the right. Join me for this important conversation. Participation is free, but registration is required. This lecture is part of the PublicSquare Santa Barbara seminar [...]
Criminal bars, policing changes, & meaningful reforms in proposed legislation
Still in President Biden’s first month in the White House, this week congressional Democrats released a massive immigration reform proposal that has the president’s support. Led by Representative Linda Sánchez and Senator Robert Menéndez, Democrats unveiled the 350-page U.S. Citizenship Act on Thursday. While it’s legalization provisions have been covered in-depth by others, here I’ll identify several key features that turn on criminal activity or policing, including the creation of an immigration public defender system, crime-based obstacles to the legalization provisions, and a reforms [...]
Private prison policy excludes DHS, but impacts migrants
Continuing a deluge of executive actions, President Biden last week ordered the Justice Department to step back from its partnership with the private prison industry. Inside the Justice Department, the U.S. Marshals Service and federal Bureau of Prisons run large prison networks, both of which contract with private prisons corporations to house people suspected or convicted of migrating to the United States in violation of federal criminal law. On January 26, the president announced that the Justice Department “shall not renew…contracts with privately operated criminal detention facilities, [...]
Expedited removal & 287(g) survive Biden review, so far
Yesterday, President Biden continued the swirl of executive actions altering immigration policy with highly anticipated announcements about the Trump administration’s infamous family-separation policy and asylum processing. Tucked into yesterday’s orders are important possibilities for immigration policing. Regrettably, when it comes to key features of the Trump administration’s immigration policing practices, President Biden’s latest announcements are short on anything more than possibilities. In an easy to overlook segment of his Executive Order on Creating a Comprehensive Regional [...]
Federal court blocks deportation pause
A federal court in Texas blocked the Biden-Harris administration’s attempt to pause removals for 100 days pending a review of enforcement practices. Texas v. United States, No. 6:21-cv-00003 (S.D. Tex. January 26, 2021). Handing a major win to the Texas Attorney General, Ken Paxton, Trump appointee Drew Tipton granted a temporary restraining order blocking DHS from implementing the 100-day deportation pause. The TRO applies for 14 days. An appeal is likely. As a preliminary matter, the court found that Texas has standing to sue because it provided evidence “of damage to its public fisc by [...]
Biden-Harris immigration priorities signal big shift, raise many questions
Late yesterday, the Biden-Harris administration ended its first day in office signaling that campaign promises to restructure immigration policy were more than empty words. In a series of executive actions signed by President Biden and a memo issued by the temporary head of the Department of Homeland Security, the incoming administration announced a 100-day pause on removals and new enforcement priorities. President Biden set the stage for the new administration’s meaningful immigration policy shift by rescinding his predecessor’s own prioritization scheme. Making good on a campaign [...]
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