September 29, 2022

Federal appeals panel deals blow to Biden deportation policy

The Fifth Circuit Court of Appeals this week dealt a serious blow to President Joe Biden’s deportation priorities by reimposing a prior injunction that halted implementation of the administration’s “sanctuary country” orders pending ongoing litigation, as Breitbart reports.

At issue in the ruling were directives from high-ranking officials in the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) through which agents are required to delay the removal of illegal immigrants until their conviction on charges involving aggravated felonies.

According to that guidance – issued by the administration earlier this year – the sorts of offenses for which convictions must be obtained include things such as murder, rape, firearms trafficking, sexual abuse of a minor, child pornography, and the like.

As Lora Rise, a former DHS official now affiliated with the Heritage Foundation, explained, “Forget sanctuary cities – this turns America into a sanctuary country,” as Breitbart noted separately, at the time the guidance was first promulgated.

Back in August, U.S. District Court Judge Drew Tipton granted a request for a preliminary injunction that stopped the orders from continued effect, doing so in the aftermath of a lawsuit filed by the states of Louisiana and Texas.

In September, however, a three-judge panel in that federal circuit stayed that decision, opining that “eliminating DHS’s ability to prioritize removals poses a number of practical problems given its limited resources.”

But just this week, the appeals court called for a new hearing by its full complement of judges, in which the legality of the Biden administration’s deportation guidance will be reviewed, as U.S. News & World Report noted.

According to the court’s order, a judge on the appeals court asked for a poll to be taken of the full court on the appeal of the prior determination on the Biden enforcement rules, and a majority of the active judges on the panel voted for a full, en banc, rehearing.

Though no date has yet been set for those proceedings, hopefully, the administration will suffer yet another in a series of losses in the federal courts, which have demonstrated an encouraging willingness to put Biden in check, particularly when it comes to unilaterally attempting to eviscerate the country’s immigration laws.

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