Let The Lawsuits Begin

Sara Carter reported yesterday that the Texas attorney general has filed a federal lawsuit Friday against the Biden administration over its order to freeze most deportations for the next 100 days.

The article reports:

Texas Attorney General Ken Paxton (R) argues that DHS is breaking immigration law by ordering the deportation freeze in the complaint filed in the U.S. District Court for the Southern District of Texas. His statement also claims that the new orders violate the U.S. Constitution, federal immigration and administrative law, and a contractual agreement between Texas and the DHS.

“In one of its first of dozens of steps that harm Texas and the nation as a whole, the Biden administration directed DHS to violate federal immigration law and breach an agreement to consult and cooperate with Texas on that law,” Paxton said in a statement. “Our state defends the largest section of the southern border in the nation. Failure to properly enforce the law will directly and immediately endanger our citizens and law enforcement personnel.”

Moreover, Paxton’s lawsuit asserts that the DHS’s authority does not extend to such a policy.

“If left unchallenged, DHS could re-assert this suspension power for a longer period or even indefinitely, effectively granting a blanket amnesty to illegal aliens that Congress has refused to pass time and time again,” the filing says. “The Constitution, controlling statutes, and prior Executive pledges prevent a seismic change to this country’s immigration laws merely by memorandum.”

Deportation is a necessary part of immigration policy. A person who is in America illegally who commits a crime needs to be deported before his actions endanger the lives of Americans. There are no promises that this case will actually get heard, but the Attorney General is right to pursue it. Congress is supposed to make immigration laws–they are not supposed to be made by Executive Order.