Biden’s Open-Border Policies Suffer Another Blow From Federal Judge

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U.S. District Court Judge in Texas, Drew Tipton slammed the Biden administration over the ongoing border crisis and threw out its rules that directed Immigration and Customs Enforcement (ICE) agents to focus on arresting illegal migrants who entered the U.S illegally. 

Judge Tipton slammed the administration on Friday over its lenient immigration and border enforcement policies and struck down a memo that the Department of Homeland Security enforcement memo, enforcing ICE agents to arrest immigrants deemed to threaten national security or public safety.

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The judge also described Biden’s rule “as arbitrary and capricious, contrary to law, and failing to observe procedure under the Administrative Procedure Act.”

“The Executive Branch may prioritize its resources. But it must do so within the bounds set by Congress.” By “[u]sing the words ‘discretion’ and ‘prioritization,’ the Executive Branch claims the authority to suspend statutory mandates. The law does not sanction this approach.” Tipton explained in his order.

After DHS Secretary Alejandro Mayorkas released the administrative policy decision, Townhall reported on it last year, in September after the change was made to “restrict the types of people that ICE could remove for being in the country unlawfully.”

According to the policy, migrants illegally crossing the United States is not enough grounds to enforce action against that individual, despite their prior rap sheet, as long as earlier crimes were not subjectively found to be “serious.”

However, the outcome of the decision released  by Biden’s homeland security chief reportedly gave illegal immigrants and even some illegal immigrant criminals “a pass for their crimes.” 

Mayorkas explained that the policy was important so that the “DHS could focus our efforts on those who pose a threat to national security, public safety, and border security and thus threaten America’s well-being.”

Furthermore, Judge Tipton, an appointee of former President Donald Trump has previously ruled against Biden’s border policies. 

He also reportedly placed a 7-day hold on his ruling that will toss out Mayorkas’ lawless policy to give the Biden administration time to appeal. 

After that, Homeland Security, which oversees ICE released an official statement stating that it is “currently assessing the court order and considering next steps.”

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