The email for this article was deactivated after the parties in the case mutually dissolved the litigation.

On March 9, 2021, Judge Andrew B. Tipton held a hearing in the case of State of Texas v. United States of America and Fiel Houston, et al., Intervenor-Defendants.  6:21-cv-00003.  A full history of the case is provided below.  The Minute Entry for the proceedings is published below.

Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 3/9/2021. The United States deadline for filing an Answer is extended to May 27, 2021. The Parties have agreed to stay discovery until the United States Answers. Discussion held regarding the refusal of ICE to honor detainers which have historically resulted in the removal of aliens who have committed felonies and who are completing their federal sentences. Further discussion held regarding the refusal of ICE to remove aliens who have committed felonies that have requested to be deported. The Court instructs counsel for the United States to provide the name of the individual within DHS that has instructed ICE to not remove aliens who have committed felonies and who are completing their federal sentences, as well as the name of the individual within DHS that has instructed ICE to not remove aliens who have committed felonies and have requested to be deported. Appearances: Kathryn Lynn Huddleston, Adam David Kirschner, Todd Lawrence Disher, Patrick K Sweeten, Daniel David Hu.(Digital # 10:01-10:23)(ERO:Verlinda Rios), filed.(KelliePapaioannou, 2) (Entered: 03/10/2021)

Untold damage is mounting against the health, safety and welfare of millions of Americans as a result of the anti-ICE dictate that continues despite Judge Tipton's order.

Florida Family Association has prepared an email for you to send to thank U.S. District Judge Drew Tipton and encourage him to enforce his restraining order to the fullest extent of the law against whoever is responsible for continuing this horrendous dictate against the order of this court and the mission of ICE to promote homeland security and public safety by enforcing U.S. federal criminal and civil laws.

The email for this article was deactivated after the parties in the case mutually dissolved the litigation.

Contact information:

drew_tipton@txs.uscourts.gov

United States District Judge Drew B. Tipton
United States District Courts
1133 N. Shoreline Blvd.
Corpus Christi, Texas 78401
drew_tipton@txs.uscourts.gov

Case History

On January 20, 2021, Acting Department of Homeland Security Secretary David Pekoske sent a memorandum  to the leadership of U.S. Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and Citizenship and Immigration Service (CIS). The memorandum instructed the agencies to ignore federal law by stopping all deportations and releasing detained illegal aliens into the general public.  This would also cause local law enforcement agencies across the country to release detained illegal criminally charged aliens.

On January 26, 2021, United States District Judge Drew Tipton, a Trump appointee, granted a temporary restraining order sought by Texas Attorney General Ken Paxton, saying the state had demonstrated a likelihood of facing immediate harm from Biden’s pause. The court order will be in effect for 14 days while Judge Tipton considered a broader motion by the state for a preliminary injunction.

Florida Family Association sent out an email alert on January 27, 2021 titled: Federal judge blocks Biden’s order to stop deporting illegal criminal aliens.  The email encouraged subscribers to send emails that expressed  appreciation for his ruling and encouraged him to extend the restraining order.

On February 8, 2021, Judge Tipton extended the TRO until February 23, 2021 to allow both parties time to more fully prepare and submit their arguments.   Florida Family Association sent out another email alert that encouraged subscribers to send emails that expressed  appreciation for his ruling and encouraged him to extend the restraining order.

On February 23, 2021, Judge Tipton extended his order restraining the Biden administration from allowing illegal criminal aliens to walk free.  The conclusion to his 105 page order states:

IV. CONCLUSION

For the foregoing reasons, the Court GRANTS Texas’s Motion for Preliminary Injunction.
(Dkt. No. 62).  Therefore, it is hereby ORDERED that:

1.    Defendants and all their respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED from  enforcing  and  implementing  the  policies described in the January 20 Memorandum in Section C entitled “Immediate 100-Day Pause on Removals.”(Dkt. No. 2-2 at 4–5).

2.    This preliminary  injunction is  granted  on  a  nationwide  basis  and  prohibits enforcement  and implementation  of  the  policies  described  in  the  January  20 Memorandum in Section C entitled “Immediate100-Day Pause on Removals” in every place Defendant shave jurisdiction to enforce and implement the January 20 Memorandum.

3.    This preliminary injunction shall remain in effect pending a final resolution of the merits of this case or until a further Order from this Court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court.