Federal Court Blocks Biden Executive Order On Deportations Under the Same Law Used Against Trump

During the Trump Administration, Democratic Attorneys General used the Administrative Procedure Act (APA) to delay Trump policies pending satisfaction of requirements for notice and comment periods. Even though President Barack Obama did not satisfy APA conditions in imposing original rules, the Supreme Court enforced such procedures to reverse prior orders.  During that litigation over the Trump executive orders, I repeatedly noted that the Democratic challengers in court were making arguments that would likely used against the next Democratic president in seeking to quickly undo Trump’s orders. That has now come to past. When Biden took power, he immediately did what Trump did in taking unilateral acton without APA notice.  District Court Judge Drew B. Tipton ordered this week that the directive from acting Homeland Security Secretary David Pekoske was not in apparent compliance with the same law.

Under federal law, the attorney general has 90 days after an order of removal to have the individual deported. Texas Attorney General Ken Paxton argued that Biden’s100-day pause violated the Administrative Procedure Act. Judge Tipton agreed

“The Court finds that, by ordering a 100-day pause on all removals of aliens already subject to a final order of removal, it appears that the January 20 Memorandum is clearly not in accordance with, or is in excess of, the authority accorded to the Attorney General pursuant to 8 U.S.C. § 1231(a)(1)(A).”

This is just an initial salvo on the issue since 100 days will run before much litigation unfolds. However, it is a warning shot that Democratic litigators have spent four years challenging the right of a president to make quick and unilateral reversals of prior enforcement policies or practices.

When Trump pledged sweeping and unilateral action, there was a chorus of objections that it was unlawful and improper. Now, many are calling for Biden to engage in the same unilateral actions in circumvention of Congress, including most recently Majority Leader Chuck Schumer. I was critical of Trump environmental policies and favor the priorities of Biden on the environment. Indeed, I am delighted by many of his new policies. However, the sudden shift on such unilateral action in Washington is incredible even in a city where hypocrisy is treated as a bona fide occupational qualification.

47 thoughts on “Federal Court Blocks Biden Executive Order On Deportations Under the Same Law Used Against Trump”

  1. Just your comment that you favor a lot of Biden’s policies is enough for me to leave. You sir are most definitely a communist if you believe in any of Biden’s policies and I didn’t agree with trumps policies either. Just so ya know.

  2. “I was critical of Trump environmental policies and favor the priorities of Biden on the environment. Indeed, I am delighted by many of his new policies. However, the sudden shift on such unilateral action in Washington is incredible even in a city where hypocrisy is treated as a bona fide occupational qualification.”

    Nothing is incredible in Washington anymore – incriminating but not incredible. The environment does need better protection than it received in the last four years but allowing hordes of illegal aliens to descend on the country unchecked is not the way to do it.

  3. Your inane need to constantly draw equialencies between the left and right is signal of your own biases and deeply conflicted ideas about politics and social order. There is a qualitative difference between Trump’s efforts to overcome massive lawfare by the Left to ENFORCE OUR LAWS AND THE INTENTION OF THEM TO CONTROL IMMIGRATION isn’t on the same moral footing as endless lawfare designed to prevent the enforcement of our laws and their intention. One is unforgivable and a betrayal of the rule of law and the idea that we are self-governing, the other is just radical laswers committed to rendering all control on immigration impossible. I can easily tel the difference, Turley seems to constantly struggle when it comes to clearly seeing Dem perfidy.

  4. Okay, I’ll take a shot.

    I supported President Trump’s initiatives to increase border security and enforce immigration laws. Biden’s EO’s would seem to have a deleterious effect on our national security. The question I have is this: is the APA a legitimate obstacle to the President taking immediate executive action he/she determines to be necessary for our national security? Conversely, is it a legitimate obstacle to prevent the President from taking immediate executive action that would harm our national security? Does the court have the legitimate authority to stop executive actions that enhance our national security?

    1. Wrong question. We live in a post-rule of law society. All that matters is power and winning Wake up.

      1. We live in a post-rule of law society. All that matters is power and winning Wake up.

        Oh, I’m awake. We still live in a society ruled by laws. they just what Bastiat would call a perversion of the law. I like the term Lawfare.

        The law perverted! And the police powers of the state perverted along with it! The law, I say, not only turned from its proper purpose but made to follow an entirely contrary purpose! The law become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils it is supposed to punish! The Law; Frederic Bastiat

  5. Biden didn’t get his way this time – unlike Trump – there will be no tantrums, no inciting violence, no zip ties handcuffs, no nooses and gallows and no insurrection! Great having adults in charge!

    1. Ashcroft, you must be referring to the march to the gallows of any Republican associated with Trump. You must be considering the gallows for those who refuse to be reprogrammed. Maybe you are referencing the gallows for the Republicans who survive being burned to the ground. I’m sure that you can enlighten us in other creative uses of the gallows by you and your compatriots.

    2. Ashcroft, great having adults in charge to tell all the children what we must do. Your correct, no zip ties just real handcuffs. In reference to tantrums how about Nancy Pelosi tearing up the Presidents speech on the floor of the house. In reference to incitement to violence let’s consider bailing out the rioters in Seattle so they can go back to their flames. Blind in one eye and refuse to see out the other.

  6. The environment is a moral issue. We Americans should be willing to make sacrifices. We should be ready to accept higher prices for fuel. We should be ready to pay higher prices for our food. If we set the example for the rest of the nations of the world they too will jump on board to do the same in their nations. They surely will appreciate our sacrifices and we will skip hand and hand to Sunday worship of the climate Gods. Simply not a moral but a political issue.

    1. Thinkitthroughrock:

      “The environment is a moral issue. We Americans should be willing to make sacrifices. We should be ready to accept higher prices for fuel. We should be ready to pay higher prices for our food. If we set the example for the rest of the nations of the world they too will jump on board to do the same in their nations. They surely will appreciate our sacrifices and we will skip hand and hand to Sunday worship of the climate Gods. Simply not a moral but a political issue.”
      ******************************
      How’s about you be really, really moral and accept the higher prices for the both of us. I’ll stay damned with cheap gas and hamburger.

      Oh and I missed the “Ye Shall Pay HIgher Prices For Gas To Become Holy” in the King James Version! Maybe it’s this verse:

      “He made him ride on the high places of the earth, that he might eat the increase of the fields; and he made him to suck honey out of the rock, and oil out of the flinty rock.”
      ~ Deuteronomy 32:13

      Flinty rock? Sounds like fracking to me!

      When you make moral arguments, it helps to have a better basis than “I think it’s a good thing to tell you how to live, ’cause I’m moral.” Try Augustine or Aquinas for a change of intellectual pace and a better didactic model. They knew a moral from a freshman philosophy bull session around the bong.

      1. Mespo, I thought you would catch my sarcasm when I illustrated the snowflakes skipping hand in hand. The nations such as China will only seek their own agendas and will correctly speak behind their backs about the American suckers.

        1. Thinkitthrough:

          Sorry, missed it. Must be getting old. I stand humbly corrected but I do like my Bible verse. Can I hand onto that single shred of dignity?

          1. mespo…..That scripture is perfect!! Great find.

            David says that verse from Deuteronomy is the equivalent of a “white horse case”.
            (He said you’ll know what he means)

    1. It’s nice to know that someone out there knows what a petard is; i.e., something with which one is hoist rather than something on which one is hoist.

      Thank you and boom!

  7. This was totally predictable. I was genuinely wondering if this XO would pass muster. Seems it did not.

    Well, the article III, unelected, lifetime tenures FLEX again

    Saloth Sar

  8. It’s possible Biden doesn’t want all these executive orders to prevail:
    1. Runaway immigration is radicalizing the Democrat base.
    2. Democrats like Biden will quickly become dinosaurs if immigration doesn’t slow.
    3. Joe can gratify the radicals by signing the orders and blame the courts for blocking the orders.
    4. Immigration remains slow and nobody blames Joe.

    I hope the above is the case. I know I’m speculating. We’ll find out soon enough.

  9. Which of Biden’s new policies are you delighted by. In addition to the Kyestone Pipeline, suspension of fracking, opening borders to illegals, differentiation of sexes and other, the entire subject of equity vs. equality badly needs to be addressed

  10. Wake up, Turley! The USA’s “environment” isn’t the problem that pollution in China, India, Russia, etc. etc. is. Although taxpayer subsidized solar panels and windmills will provide some high cost installations and some temporary construction jobs in states like NM, they are not going to be productive in states like PA (especially the 60 days-of-sunshine western PA) and other northeastern states. (Does anyone recall when the Kennedy clan objected to windmills being located in the Atlantic Ocean and visible from their properties?)

  11. JT: I “favor the priorities of Biden on the environment. Indeed, I am delighted by many of his new policies.”

    You’re “delighted” about destroying people’s jobs? You’re “delighted” about kneecapping the energy industry — along with the industries that supply it and its consumers? You’re “delighted” about wrecking the lives of those who work in the energy industry and in allied industries? You’re “delighted” by the prospect of human suffering?

    Biden’s environmental policies are destruction for the sake of destruction. That they are imposed with a kind of smug satisfaction reveals a psychology that enjoys inflicting pain and suffering. Those policies are more evil than the toppling of statutes and the burning of American cities.

  12. It is hard to put the genie back in the bottle. Unfortunately, it will only increase the statist desire to pack not only the Supreme Court but the lower courts as well

  13. “Good for the judges in stopping that A-H Trump.”

    “How dare those judges interfere with a good man like Biden?”

    There, I summed up the lefty responses to both events.

    And the Pinkos have no clue how irreconcilable those two positions are.

    1. While appreciate JT’s legal analysis he is no Thomas Sowell. His delight in Biden’s environmental policies is misplaced. Under Trump emissions continue to drop. Main reason is the switch from coal to cleaner natural gas. Yahoo 10,000 jobs cancelled in the name of the environment. A project that had no emissions and came from fields using recapture technology. The oil will still flow but by ship and rail that create emissions.

      1. This is so true,
        You concisely said it; in the name of the new edicts driven by blind political passion, Biden shut down the very thing that helps the environment that they claim they want to protect.

      2. “The oil will still flow but by ship and rail that create emissions.”

        And once that’s been killed, then by horse drawn cart. And after that, not at all. That is the environmentalist’s dream: stand naked in the dark and freeze to death.

    2. BU…bu….but Orange Man was bad, and Uncle Joe is a D, so he is purely and wholly motivated by the highest, most altruistic purposes ever considered by mortal man. Can’t you see the difference, you racist?

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