On January 26, 2021, a federal district court judge granted Texas’ request to restrain the Department of Homeland Security (DHS) from implementing its 100-Day Moratorium for at least fourteen (14) days, while he considers its request for a more comprehensive injunction.
In his ruling, Judge Tipton stated that, while he did not consider the validity of the December 31, 2020, agreement between DHS and Texas, DHS had violated federal procedural processes by “fail[ing] to consider potential policies more limited in scope and time” and “fail[ing] to provide any concrete, reasonable justification for a 100-day pause on deportations.” Judge Tipton also found that the moratorium exceeded DHS’ authority under federal law. Finally, Judge Tipton found Texas had sufficiently demonstrated it would “suffer imminent and irreparable harm” if the moratorium was not halted.
Notably, however, Judge Tipton’s order does not prevent DHS from implementing the remainder of President Biden’s January 20, 2021 Executive Order including the new interim enforcement priorities that went into effect February 1, 2021.
Then, on February 9, 2021, at Texas’ request, Judge Tipton extended the restraining order for an additional fourteen (14) days until February 23, 2021, citing the need for additional time to complete a full review of the constitutional and legal issues raised and to hear evidence.