A federal judge accused the Biden administration of “executive overreach” this week after the White House attempted to halt all deportations of illegal immigrants for 100 days pending a nationwide review.
“U.S. District Court Judge Drew B. Tipton stated in a Tuesday order that the directive from acting Homeland Security Secretary David Pekoske that halted removing those who already had final orders of removal against them appeared to run afoul of the Administrative Procedure Act, which governs how federal agencies conduct rulemaking. The same law was used to block a number of Trump administration actions as well,” reports Fox News.
“The Court finds that, by ordering a 100-day pause on all removals of aliens already subject to a final order of removal, it appears that the January 20 Memorandum is clearly not in accordance with, or is in excess of, the authority accorded to the Attorney General pursuant to 8 U.S.C. § 1231(a)(1)(A).”
From Fox News:
After Texas sued over the policy, the judge blocked Biden, via a temporary restraining order, from moving forward for 14 days, as reported by Reuters.
Texas’ lawsuit claims that the administration would be violating an agreement it has with the Department of Homeland Security – and would require at least 180 days’ notice, as well as consultation, prior to implementing changes in immigration policy. It is unclear whether those terms are enforceable, but similar agreements were struck with several other states under the former administration.
Fox News exclusively reported over the weekend that an email sent last week to ICE officers called for stopping “all removals” and to “release them [undocumented immigrants] all, immediately.”
Biden has pledged to move forward with a moratorium on deportations as his administration resets its approach toward U.S. immigration following the change in administration.
Noncitizens who have engaged in, or who are suspected to have engaged in, terrorism and espionage can still be deported.
The moratorium – which took effect on Friday – also does not apply to persons who were not physically present in the U.S. as of Nov. 1, 2020.
The Biden administration was planning to announce further guidance on the issue by Feb. 1.
Read the full report at Fox News.
AOC: Senators Ted Cruz and Josh Hawley ‘Must Resign’ or Face ‘Expulsion’ After Capitol Riots
Congresswoman Alexandria Ocasio-Cortez slammed Republican Senators Ted Cruz and Josh Hawley Thursday; saying the two “must resign” after thousands of protesters stormed the US Capitol during a Joint Session of Congress.
“Sen. Cruz, you must accept responsibility for how your craven, self-serving actions contributed to the deaths of four people yesterday. And how you fundraised off this riot. Both you and Senator Hawley must resign. If you do not, the Senate should move for your expulsion,” posted AOC on Twitter.
Sen. Cruz, you must accept responsibility for how your craven, self-serving actions contributed to the deaths of four people yesterday. And how you fundraised off this riot.
Both you and Senator Hawley must resign. If you do not, the Senate should move for your expulsion. https://t.co/O2m6T59LYP
— Alexandria Ocasio-Cortez (@AOC) January 7, 2021
“The attack at the Capitol was a despicable act of terrorism and a shocking assault on our democratic system. We must come together and put this anger and division behind us. We must, and I am confident we will, have a peaceful and orderly transition of power,” said Cruz earlier in the day.
DE BLASIO STEPS IN: Mayor Says NYC Employees Who Participated in Capitol Riot Will Be Fired
From Fox News:
The New York Police Department is investigating whether at least one of its members was involved in last week’s riot in Washington, D.C., as the Big Apple’s mayor warned Monday that any city employee involved in the attack “will be terminated.”
"I can tell you that anyone committing crimes certainly would have a very short shelf life with the NYPD," Police Commissioner Dermot Shea told NY1. https://t.co/sEegL1CHcm
— Spectrum News NY1 (@NY1) January 11, 2021
“There is no name yet released because we don’t know if it’s true or not,” Shea said. “But I can tell you that anyone committing crimes certainly would have a very short shelf life with the NYPD.”
Shea, who announced last week he had tested positive for the novel coronavirus, said he had spoken last night with Joseph Resnick, who heads the department’s Internal Affairs Bureau, on the matter.
Speaking about Wednesday’s events on Capitol Hill, Shea said he was “deep in COVID” at the time, but added: “Like everyone else, I was disgusted by what I saw.”
On Saturday, the Fire Department of New York confirmed in a statement to Fox News that the agency “received anonymous allegations that active or retired members were present at the events at the United States Capitol on January 6,” said Frank Dwyer, FDNY’s deputy commissioner of public information and external affairs. The department provided the FBI with the information.
A source familiar with the matter told Fox News on Monday the FDNY received two tips from two individuals linking them to the Capitol Hill events. The source could not speak to whether they were active duty or retired members, and said the tips “generically stated that they were at the events at the Capitol.”
Read the full report here.