Judge Drew Tipton granted a temporary restraining order in response to Paxton’s lawsuit, which in part cited an agreement between Texas and the U.S. Department of Homeland Security that required the agency to consult the state before instituting policy changes.
“In light of the foregoing, the court finds that the threat of injury to Texas outweighs any potential harm to Defendants and the public interest is served and protected by the issuance of this” temporary restraining order, he wrote.
Tipton explicitly stated his order applies nationwide and effectively directed Immigration and Customs Enforcement to resume deportations for at least 14 days as he considers a broader motion for a preliminary injunction.
“The issues implicated by that agreement are of such gravity and constitutional import that they require further development of the record and briefing prior to addressing the merits,” Tipton wrote.
Last week, Biden placed a halt on all deportations in order to “review and reset enforcement priorities” after the Trump administration instituted a “zero tolerance” policy for undocumented migrants.
The order included exceptions for migrants who have engaged in or were suspected of terrorism or espionage or considered a threat to national security as well as allowing the ICE administrator to intervene in individual deportation cases.
Paxton praised the court’s decision in a statement issued Tuesday night.
“The court’s decision to stop the Biden administration from casting aside congressionally enacted immigration laws is a much-needed remedy for DHS’s unlawful action,” Paxton said. “A near-complete suspension of deportations would only serve to endanger Texans and undermine federal law.”