Joe Biden’s administration suffered another serious setback.
Now Biden and his allies are left scrambling.
A judge shut down Joe Biden with one massive defeat that left Democrats raging.
Texas District Court Judge Drew Tipton—who President Trump appointed—slapped down the Biden administration by hitting them with a preliminary injunction blocking Biden’s memo pausing virtually all deportations for 14 days.
Biden signed this memo as part of a flurry of over 40 executive orders and memorandums in his first days in office as part of a shock and awe effort to erase Donald Trump’s legacy and get his administration’s priorities off to a fast start.
But Judge Tipton had other ideas and ruled in favor of the state of Texas that this was an unconstitutional power grab.
“This preliminary injunction is granted on a nationwide basis and prohibits enforcement and implementation of the [100-day pause] in every place Defendants have jurisdiction to enforce and implement the January 20 Memorandum,” Judge Tipton wrote.
Judge Tipton ruled against Biden on the grounds that the administration did not follow the Administrative Procedures Act in properly spelling out the justification for this policy.
“[T]he core failure of DHS lies not in the brevity of the January 20 Memorandum or the corresponding administrative record, but instead in its omission of a rational explanation grounded in the facts reviewed and the factors considered,” Tipton ruled. “This failure is fatal, as this defect essentially makes DHS’s determination to institute a 100-day pause on deportations an arbitrary and capricious choice.”
For Democrats and the Biden administration, losing this case on these grounds was bittersweet.
In the case over adding a citizenship question to the census and repealing Barack Obama’s executive amnesty for illegal alien children, John Roberts leaned on the Administrative Procedures Act to deal Trump two defeats.
Now many Trump supporters are saying what’s good for the goose is good for the gander.
Biden’s deportation pause already had caused the border crisis to spiral out of control.
When Biden announced the policy, caravans of illegal aliens were racing to the border thinking they had a 100-day get-out-of-jail-free card to cross into America without fear of deportation.
Biden’s deportation pause combined with the promise of amnesty for a minimum of 11,000,000 illegal aliens—and some think upwards of 20 or 30 million illegal aliens—created a crisis situation at the southern border.
This is a crisis all of Biden’s own making.
But there are still checks and balances in America’s constitutional republican government.
And Judge Tipton sent an early shot across the bow to the new Biden administration that even though the Democrats control Congress and the White House, the courts are not just going to rubberstamp their agenda.
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