President Biden's Immigration Fiasco

By James Walsh

President Joseph R. Biden has a history as being the ultimate Washington Insider. He served as U.S. senator from Delaware from 1973 to 2009 and vice president from 2009 to 2017.

As of January 20, 2021 at minutes after 12 noon, he was president of the United States.

Shortly after the Biden swearing-in, acting Secretary of the Department of Homeland Security (DHS) David Pekoske signed a memorandum which read, "For 100 days, starting January 22, 2021, DHS will pause removals for certain noncitizens ordered deported to ensure we have a fair and effective immigration enforcement system focused on protecting national security, border security, and public safety."

Further, the secretary ordered, "The pause will allow DHS to ensure that its resources are dedicated to responding to the most pressing challenges that the United States faces, including immediate operational challenges at the southwest border in the midst of the most serious crisis in history."

The DHS sent an email to its offices telling the DHS local officials to let all illegal aliens go free — stop all removals, adding, "Release them all, immediately. No sponsor available is not acceptable any longer."

The attorney general of Texas, Ken Paxton, sued the United States. He stated that the deportation moratorium was a violation of federal law.

The case was filed in the Southern District of Texas, and Judge Drew B. Tipton was assigned to the case.

Judge Tipton, being duly advised in the premises, having heard argument from the respective parties, and considering the law, wrote in part, "The Court finds that by ordering a 100-day pause on all removals of aliens already subject to a final order of removal, it appears that the January 20 Memorandum is clearly not in accordance with, or is in excess of, the authority accorded the Attorney General pursuant to 8 USC section 1231 (a) (1) (A)."

The statute permits that following an order of removal, the attorney general has 90 days to have an individual deported.

Thus, the Biden memorandum stating a 100-day pause violated the Administrative Procedure Act (APA) (5 USC section 551, et seq.). The judge ruled that the Biden action was not in accordance with the law and exceed the government's authority, Specifically, Judge Tipton wrote, "When an alien is ordered removed, the Attorney General shall (emphasis added) remove the alien from the United States within a period of 90 days."

The judge further wrote, "Here 'shall' means must."

The judge also wrote, "Here, the January 20 Memorandum not only fails to consider potential policies more limited in scope and time, but also fails to provide any concrete, reasonable justification for a 100-day pause on deportation."

The judge noted that the Biden administration failed to set forth or enumerate why a 100- day pause was necessary to help accomplish unique circumstances, such as providing sufficient staff and resources to comply with COVID-19 protocols.

It appears to the judge and the average person, that providing for staff and resources — is not unique, even in a stressful time.

Judge Tipton continued in his opinion, that the decision to pause deportations for 100 days appears to violate the Administrative Procedure Act (APA) for being "arbitrary and capricious."

The APA is the statute that governs the way in which federal administrative agencies may propose and establish regulations governing actions by their respective agencies — rules of the road, so to speak.

Federal courts have jurisdiction over matters involving APA agency decisions. Thus, the U.S. district courts have initial jurisdiction where there is any "arbitrary and capricious" decision, abuse of discretion, or action not in accordance with law.

Within six days of the the Biden administration beginning, it suffered its first judicial defeat. Attorney General Paxton has for the moment placed a deep freeze on Biden's immigration excess.

Biden has signed more executive orders (EO) than former presidents — Bush the younger, Obama and Trump combined. Biden has signed some 40 EOs in eight days.

The liberal New York Times has suggested Biden has to tamp his EO enthusiasm down.

Meanwhile, in Oregon and Washington state street riots continue apace, even spreading to Tacoma, Washington.

The long-going burning and rioting in Portland and Seattle is ignored by the local press. The burning of private property, looting of private property, and general vandalism appears to be ignored by local politicians and local citizens. Therefore, little control of the matter is attempted. The main players are Black Lives Matter (BLM), antifa, anarchists and other left-wing criminals and have free-run of the areas.

Local mayors and governors ignore the criminal behavior, but make occasional arrests. On inauguration night, President Biden, speaking through press secretary Jen Psaki, condemned the violence in Portland and Seattle. However, the nightly demonstrators on inauguration night and later, had various banners including one that read, "We don't want Biden — we want revenge for police murders, imperialist wars,and fascist massacres."