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Texas, DOJ Sign Joint Decree Declaring Biden's Prior "Backdoor Amnesty" to be Illegal and Void
You of course know of the Democrats' favorite strategy of sue-and-settle, whereby a friendly third party is invited to sue the Democrat government. The Democrat government gives up the case and agrees to a "consent decree" resolving the issue -- and this resolution has the force of law, despite no legislature having ever voted for it.
Well, two can play at that game. Steven Miller's organization America First Legal joined with Texas to sue the DOJ over a Biden-era policy allowing immigration judges to put immigration cases on "administrative pause," forever. Biden allowed judges who would otherwise be required to deport illegal aliens to instead "pause" the case against them, effectively granting them amnesty (and even the "right to work").
Technically, they're still illegal aliens in the middle of deportation proceedings but the reality is that those proceedings are now "paused," forever. So every illegal alien getting his deportation "paused" is effectively granted backdoor amnesty that Congress never even contemplated, let alone voted to make law.
Judge blocks Biden-era immigration rule hours after Texas AG and Stephen Miller's group sued DOJ
On Monday, Ken Paxton's office asked the judge to block the rule, a request the federal agency then agreed with. The suit echoes a similar move in 2025 that killed a 24-year-old state tuition law.
A federal judge in Texas blocked a Biden administration rule on Monday that allowed immigration judges to indefinitely close a deportation case against immigrants on the same day Texas sued to stop the rule.
The rule, which was adopted in 2024, allowed immigration judges to close a deportation case after hearing arguments from the federal government and the immigrant in deportation proceedings, especially if the person could qualify for a benefit that allows them to stay in the country legally.
But on Monday, Texas Attorney General Ken Paxton filed a lawsuit in the Northern District of Texas in Wichita Falls to block the rule with U.S. Judge Reed O'Connor, who was appointed by former President George W. Bush.
The lawsuit against the U.S. Department of Justice was also co-filed by America First Legal Foundation, an organization founded by Stephen Miller, a senior adviser to President Trump who has focused on ways to limit both legal and illegal immigration to the country. America First Legal Foundation also previously filed various lawsuits representing Paxton against the Biden administration's immigration policies, which helped derail President Biden's immigration agenda in his lone term.
In this latest complaint, Paxton's office said in the 43-page lawsuit that the Biden-era rule "effectively grant(s) indefinite amnesty to aliens illegally present in this country."
Lawsuits usually take several months to years to settle, but in this case O'Connor ruled late on Monday in favor of Texas after the Department of Justice filed its response saying it agreed with Paxton's office.
Before this lawless action by Biden, 130,000 cases were paused. After Biden gave his leftwing immigration judges permission to dole out personalized amnesty, the number of "paused" cases "skyrocketed" (as the judgment says) to 1.08 million. And then, a year later, it doubled again to 2.2 million.
Considering that almost everything done to secure the border during Trump’s presidency has been executive action that can be reversed, and Democrats are becoming the party of open borders & no immigration enforcement, we may see another border crisis if Dems take back the WH in… https://t.co/UFsflcIZoo