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ANALYSIS: The Judicial Takeover of Immigration Law Saga Continues
8:07 am EST
On Tuesday Judge Tipton in the Southern District of Texas issued a temporary restraining order (TRO) against the Biden Administration s 100 day deportation freeze. One of the reasons provided in justification of this TRO was that Biden s administration acted in an arbitrary and capricious fashion. Judge Tipton wrote: DHS, however, never explains how the pause in removals helps accomplish these goals. It remains unknown why a 100-day pause is needed given the allegedly unique circumstances to which the January 20 Memorandum alludes. Indeed, despite such unique circumstances, DHS did not state or explain why 100 days specifically is needed to accomplish these goals. The silence of the January 20 Memorandum on these questions indicates that the terms provided for in the Memorandum were not a result of reasoned decision-making. Allentown Mack Sales, 522 U.S. at 374, 118 S.Ct. at 826.