Court Negates Trump Judge’s Order To Stop Biden Immigration Policy


At one time and for many years before reality TV game show host Donald Trump was inexplicably elected to the presidency, immigration enforcement officers were given some leeway in determining whether or not an arrest should be made when encountering a suspected undocumented immigrant. Trump, of course, made changes to that policy that pleased his racist fanbase, overfilled detention centers to the point of cruelty, and left families shattered over a misdemeanor offense by otherwise law-abiding people.

President Joe Biden issued an order to end that policy and revert back to a time when only undocumented immigrants who pose a threat to public safety were arrested and detained, an order that Judge Drew Tipton of the Southern District of Texas blocked, calling it “arbitrary and capricious.” The 5th Circuit Federal Appeals case removed that block while the case makes it way through the court process.

According to CNN:

‘The case, brought by Texas and Louisiana, challenged a memo issued in the beginning of President Joe Biden‘s term that instructed Immigration and Customs Enforcement to focus its arrests on certain undocumented immigrants, particularly those who posed national security risks or had serious criminal histories.

‘The 5th US Circuit Court of Appeals found that the provisions do not eliminate immigration officials’ “broad discretion” to decide who should face enforcement action, according to the ruling. The part of the injunction that was not put on hold is already in line with general enforcement protocol.’


It’s a difficult argument to make that a policy that was in use in the United States for years would suddenly cause undue harm to immigrants due to its arbitrariness when, without it, mass arrests, detentions, and family separations occurred. 5th Circuit Judge Gregg Costa wrote in the court’s ruling that:

‘We do not see a strong justification for concluding that the (Illegal Immigration Reform and Immigrant Responsibility Act of 1996) detention statutes override the deep-rooted tradition of enforcement discretion when it comes to decisions that occur before detention, such as who should be subject to arrest, detainers, and removal proceedings…That means the United States has shown a likelihood of prevailing on appeal.’

Although the GOP will certainly continue to argue that Biden’s policies are all about “open borders,” the continued enforcement of the blanket arrest policy actually makes policing the border more difficult, taking resources away from immigration enforcement at the border.

‘The Justice Department argued that there aren’t sufficient resources to detain the millions of undocumented immigrants in the US, in building the case for a priority system, and that deviating from that would require pulling ICE agents from the US southern border, where they’re assisting authorities.’