[ARCHIVED-September 2025]
The day President Biden was inaugurated, his Department of Homeland Security (DHS) issued a memorandum pausing most deportations for 100 days while the new administration issued new immigration enforcement guidance. Texas sued two days later, claiming that the challenged memorandum did not go through proper procedures and that its partial deportation moratorium conflicted with an immigration statute.
Texas sought an immediate court order temporarily blocking (for 14 days) the partial deportation moratorium; Judge Tipton granted that request on January 26, 2021. After additional briefing and argument, Judge Tipton issued an order on February 23, 2021 blocking the partial deportation moratorium for the pendency of the case. That decision was not appealed.
The partial moratorium was to expire by its own terms by May 1, 2021. Shortly thereafter, the Biden Administration announced that it had no intent to institute a similar moratorium, and on May 20, 2021, the parties agreed that the case should be dismissed as moot.
Technical Summary
Texas’s Complaint alleged that the challenged memorandum violated the detention provision in 8 U.S.C. § 1231; was arbitrary and capricious, in violation of the Administrative Procedure Act (APA); should have, but did not, go through notice and comment rulemaking, in violation of the APA; violated the Take Care Clause (which requires the President to “take Care that the Laws be faithfully executed”); and breached the terms of a highly unusual “agreement” the Trump Administration made with the State of Texas on January 8, 2021 (twelve days before President Biden was inaugurated).
Judge Tipton’s January 26, 2021 Order granting Texas a temporary restraining order held that Texas was likely to succeed on its claim based on 8 U.S.C. § 1231 and its arbitrary and capricious claim; it did not consider the other claims.
Judge Tipton’s February 23, 2021 preliminary injunction opinion held that Texas was likely to succeed on the same two claims plus the notice and comment claim. It did not consider Texas’s other claims.
Latest Updates
- 05/20/2021
