District Court Indefinitely Stops Government from Executing a 100-Day Moratorium on Removals

February 23, 2021

The district court granted Texas’s motion for preliminary injunction, prohibiting the government from enforcing or implementing the 100-day pause of removals as outlined in the January 20, 2021, memorandum.

The order states:

  1. Defendants and all their respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED from enforcing and implementing the policies described in the January 20 Memorandum in Section C entitled “Immediate 100- Day Pause on Removals.” (Dkt. No. 2-2 at 4–5).
  2. This preliminary injunction is granted on a nationwide basis and prohibits enforcement and implementation of the policies described in the January 20 Memorandum in Section C entitled “Immediate 100-Day Pause on Removals” in every place Defendants have jurisdiction to enforce and implement the January 20 Memorandum.
  3. This preliminary injunction shall remain in effect pending a final resolution of the merits of this case or until a further Order from this Court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court

This Order does not prohibit the Government from carrying out or adhering to the January 20 Memorandum’s other sections, entitled “A. Comprehensive Review of Enforcement Policies and Priorities,” “B. Interim Civil Enforcement Guidelines,” or “D. No Private Right Statement.”

February 8, 2021

Granting Texas’s request, the Southern District of Texas, Victoria Division extended the TRO for another 14 days until February 23, 2021.

January 16, 2021

The Southern District of Texas, Victoria Division, issued a Temporary Restraining Order to enjoin the government from executing the 100-day pause on the removal of individuals already subject to a final Order of Removal, as outlined in the DHS memo on January 20, 2021. The government is enjoined from executing this pause for 14 days. (State of Texas v. USA, et al., 1/26/21)

Note: The TRO applies only to the moratorium and does not impact the enforcement priorities set forth in DHS's January 20, 2021, memo.

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Cite as AILA Doc. No. 21012634.

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