Biden’s 100-Day Deportation Halt is Reckless and Illegal

Press Releases

February 17, 2021

AUSA brief details the violent crimes that will increase if DHS order stands 

WASHINGTON—Last week Americans United for a Secure America (AUSA) submitted a friend-of-the-court brief in a case brought by Texas Attorney General Ken Paxton to block the Biden administration’s order via the Department of Homeland Security (DHS) to halt the deportation of illegal aliens in the United States for 100 days. AUSA is a project of the Immigration Reform Law Institute (IRLI).

The case made national headlines when Judge Drew Tipton of the U.S. District Court for the Southern District of Texas on Jan. 22 issued a 14-day injunction against the deportation halt. Judge Tipton has since extended his order, which now runs through Feb. 23.

AUSA’s brief emphasized Congress’ mandate on DHS, and by extension the Biden administration, to remove criminal illegal aliens with final deportation orders within ninety days. The so-called 100-day “freeze” on deportations is in violation of the law.

Congress has directly addressed the issue of deportation of an alien (or non-citizen) by providing that the Attorney General shall deport an alien within 90 days of a final deportation order. DHS cannot ignore that mandate, even if there is merely a policy disagreement.

“A federal agency does not have the authority to cherry-pick which congressional mandates to follow and which to ignore,” said Dale L. Wilcox, executive director and general counsel of IRLI. “To halt deportations ignores the impact that leaving criminal aliens in the country will have on the citizens of Texas and elsewhere. This order was made to appease the extremist anti-borders groups that support this administration, and the rest of us are left to suffer the deadly consequences.”   

The brief, filed by AUSA on behalf of Advocates for Victims of Illegal Alien Crime (AVIAC), also details just a few of the thousands of cases where innocent people have been killed by illegal aliens who should never have been in the country.

“We deal with the victims created by the very people Joe Biden wants to protect,” said Don Rosenberg, president of AVIAC. “They should not have been here in the first place and have had more than their day in court. Protecting criminals at the expense of American citizens is reprehensible. This case should be the first of many emphasizing that no one is above the law”.

IRLI attorneys had also submitted a brief in the case detailing several ways that the administration’s order was unlawful, among them that the order never went through the notice-and-comment process required by law, and thus was void when issued.

The case is Texas v. United States, No. 6:21-cv-0003 (S.D. Tex.).

For additional information, contact: Brian Lonergan • 202-232-5590 • blonergan@irli.org

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Attorneys United for a Secure America (AUSA) is a non-partisan affiliation of talented attorneys dedicated to pursuing cases that serve the national interest when it comes to immigration law.

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