Last year, the Department of Homeland Security issued guidelines directing Immigration and Customs Enforcement agents to arrest immigrants who were considered to be at risk to public safety or national security and recent border crossings. Friday’s ruling dismisses those guidelines, marking the latest legal setback for the Biden administration on immigration.
The sentence will take effect in seven days.
Judge Drew Tipton of the South Texas District Court found that while the federal government has discretion, the guidelines bind officials in a “widespread and prospective manner.”
“It is true that the Executive has discretion on a case-by-case basis to abandon the application of immigration in relation to a particular person. This case, however, does not involve individualized decision-making. Instead, this case is about a a rule that binds Department of Homeland Security officials in a widespread and forward-looking manner, all in violation of Congress’ arrest warrant, “wrote Tipton, a Donald Trump nominee.
The sentence comes from a lawsuit filed by the states of Texas and Louisiana. The case concerns a provision in the immigration law that says undocumented immigrants who committed crimes will be detained in ICE custody after they are released. The Biden administration’s note sought to prioritize ICE resources for detaining undocumented immigrants based on the nature of the crimes they had committed.
Tipton previously ruled against a January interim note that reduced enforcement measures. The latest ruling refers to similar guidelines issued last September.