Expert: Tipton Order Does Not Compel Deportations

Colin Kalmbacher, Law & Crime, Feb. 24, 2021

"A federal judge put another hold on President Joe Biden‘s limited efforts to halt final deportation orders during the first 100 days of the nascent president’s term in office. The 105-page ruling out of the Southern District of Texas doesn’t force the administration to engage in deportations, but Immigration and Customs Enforcement (ICE) has previously signaled it intends to use the court’s order to continue a deportation spree that stands in stark contrast to Biden’s 2020 campaign promises. ... “Today’s court order does not require ICE to deport everyone who has a final deportation order,” Cornell Law Professor and immigration law expert Stephen W. Yale-Loehr told Law & Crime. “ICE still has discretion in deciding who to deport.” The distinction between what the court’s order actually says and how the administration has used the order to justify deportations makes a significant difference. ... “Interim DHS guidance requires ICE officials to obtain preapproval before they can deport someone who doesn’t pose a national security, border security, or public safety concern,” Yale-Loehr noted. To the extent that Tipton’s order is news, it’s the length of time in which it will be in effect. The original TRO was only for 14 days. The current order will remain in place until a higher court issues an order to overturn it."