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Appeals Court Overrules Judge's Order Blocking Biden Immigration Priorities


A Federal Appeals Court, on Wednesday, Overturned a Judge's Order Blocking the Department of Homeland Security (DHS) from Shifting its Immigration Enforcement Priorities, delivering a significant Victory for the Biden Administration.

A Three-Judge Panel for the 5th U.S. Circuit Court of Appeals, Unanimously Ruled to Stay, a District Court Judge's Injunction against DHS from Enforcing, a Policy Memo in January, that directed Authorities to Scale Back the Trump-era Crackdown on Undocumented Immigrants, including a 100-day Moratorium on Deportations.

The Immigration Court System, run by the Department of Justice (DOJ), has 1.3 million Cases already on the Docket.

Judge Gregg Costa wrote in the Panel Opinion, that the Administration had shown a Likelihood of Success in Fighting the Lawsuit, filed by Texas and Louisiana, and that Constitutional Considerations also weighed In-Favor of Allowing DHS to Set its own Priorities while the Case played out.

"Judicial interference with a government agency's policies often constitutes irreparable injury," wrote Costa, an Obama Appointee. "And prosecutorial discretion is a core power of the Executive Branch, so its impairment undermines the separation of powers."

U.S. District Judge, Drew Tipton, issued the Injunction in February, against the Biden Administration, ruling that it had Overstepped its Authority in Setting the New Policy.

Tipton agreed to Stay his own Order while the Administration Appealed to the 5th Circuit.

On Appeal, the DOJ argued that Blocking the Policy Memo would Dignificantly Disrupt the Status Quo, as well as, the Executive Branch's Ability to Set its own Priorities.

It's Unclear whether Texas will try to Appeal Wednesday's Decision.










NYC Wins When Everyone Can Vote! Michael H. Drucker


    
 
 


This post first appeared on The Independent View, please read the originial post: here

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Appeals Court Overrules Judge's Order Blocking Biden Immigration Priorities

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