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Republicans Using Same Type of Legal Challenges of Biden Policies Democrats Used against Trump

Republicans have taken a playbook that the Democrats used against Trump in going to federal court to seek nationwide injunctions against policy changes.  In late January 2021, a federal judge in Texas blocked the Biden Administration's 100-day pause on deportations.  Judge Tipton of the Southern District of Texas granted a temporary restraining order after the Texas Attorney General sued the new Administration to ensure deportations would continue to be carried out.  The judge ruled that the Administration's January 20 memorandum to unilaterally stop deporting immigrants already with final orders of removal likely violated federal law.  Further, he said the Biden Administration's move likely violated the Administrative Procedures Act that requires federal agencies to act reasonably in adopting new policies.  

This is part of our March 2021 Newsletter.

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