“Exercising Discretion for Undocumented Non-Citizens” FEDERAL JUDGE Blocks Joe Biden’s DHS Secretary From Allowing the Department of Homeland Security To Pick and Choose Who Gets Deported

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In a new and recent article by Breitbart, Biden wants to change the immigration policies in America. A federal judge has blocked Joe Biden’s Department of Homeland Security or ‘DHS’ from enforcing a policy that would limit immigration officials on who they can arrest or deport.

The Department of Homeland Security Secretary Alejandro Mayorkas issued a rule last year that would authorize immigration officials so that they can pick and choose who they can arrest and deport back to their home country. Instead of arresting in the pointing immigrants just for being in the country illegally, Mayorkas had ordered immigration authorities to focus on immigrants that the department has deemed a threat to America’s national security, public safety, and border security.

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Mayorkas’s also gave some input to immigration officials so that they would take a look at “aggravating factors” like severities of crimes committed and the immigrant’s criminal backgrounds. He also wants him to take a look at “mitigating factors” like age and length of time spent in the United States of America.

“In exercising our discretion, We are guided by the fact that the majority of undocumented non-citizens who could be subjected to removal have been contributing members of our community for years,” Mayorkas’s memo said.

Texas and Louisiana are two states that have sued current president Joe Biden and his administration over Mayorkas’s policies, arguing that the rule put in place violates federal immigration laws and is a financial burden to the states by diverting resources to immigrants who are in the country illegally.

A United States District Judge Drew B. Tipton agreed with the two states in an order issued on Friday. Tipton wrote: It is also true that the executive branch may prioritize its resources. But it must do so within the bounds set by Congress. Whatever the outer limits of its authority, The executive branch does not have the authority to change the law.

He also continued by saying, Using the words “discretion” and “prioritization,” the executive branch claims the authority to suspend statutory mandates. The law does not sanction this approach. Accepting the Executive Branchs position would have profound consequences for the separation of powers.

“At times, agents and officers on the ground are forced to make quick decisions as they encounter individuals, and this scheme ties their hands and changes the standard under which they make decisions on whom to detain and when,” Tipton continued.

Tipton has vacated Mayorkas’s rule, deeming it “arbitrary and capricious, contrary to the law, and failing to observe the procedure under the Administrative Procedure Act.” However, Tipton stayed his ruling for 7 days, then gave the vitamin administration enough time to appeal his decision afterward.

At the same time Tipton had previously halted Joe Biden’s proposed 100-day deportation moratorium during his first month as the president. The administration also deported a record low 59,011 illegal immigrants during the year 2021.

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