Report: Biden deportation pause will allow 90% of illegal aliens to remain inside US, including sex offenders and other criminals

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WASHINGTON, DC – The Center for Immigration Studies has released a study showing that President Biden’s order halting deportations for 100 days will result in nine out of ten illegal aliens remaining inside the United States.

On January 20, President Joe Biden directed the Department of Homeland Security to halt deportations for 100 days unless the illegal alien posed a national security risk, were aggravated felons or arrived in the country since November 1, 2020.

In a memo to senior immigration officials, Acting Department of Homeland Security Secretary David Pekoske announced the deportation freeze and new enforcement priorities. According to the memo, Pekoske states that the administration’s focus will be on reviewing and establishing new policies. In the meantime, immigration enforcement will be curbed:

“I am directing an immediate pause on removals of any noncitizen with a final order of removal for 100 days to go into effect as soon as practical and no later than January 22, 2021.

“The pause on removals applies to any noncitizen present in the United States when this directive takes effect with a final order of removal.”

Pekoske claimed the pause was taken to allow ICE and other law enforcement officers to be sent to the southern border to “surge” resources:

“The United States faces significant operational challenges at the southwest border as it is confronting the most serious global public health crisis in a century. In light of those unique circumstances, the Department must surge resources to the border.”

However, he also told Ice and other law enforcement officers not to conduct enforcement:

“These priorities shall apply not only to the decision to issue, serve, file, or cancel a Notice to Appear, but also to a broad range of other discretionary enforcement decisions, including deciding: whom to stop, question, and arrest; whom to detain or release; whether to settle, dismiss, appeal, or join in a motion on a case; and whether to grant deferred action or parole.”

The Center for Immigration Studies report, written by Jessica Vaughan, pointed out that the order means that ICE must release illegal aliens who do not meet the three narrow criteria. This requirement includes releasing those aliens convicted of domestic violence, sex offenses, drunk driving, vehicular homicide, and a multitude of other misdemeanor crimes.

The Center explained:

“It means that in the next 100 days, if a local police officer arrests a previously deported gang member, even one with a serious criminal history, for a new crime that is not an aggravated felony, ICE will not be able to take action to remove that gang member again.”

In 2018, 88 percent of all interior deportations were for “non aggravated felons.” This figure shows that only about nine out of ten illegal immigrants will be deported under President Biden’s order. The center stated:

“President Biden has said that he doesn’t support ‘abolishing ICE’, but apparently he does support abolishing nearly all immigration enforcement.”

On Friday, Texas filed suit against the Biden administration to stop the 100-day deportation moratorium. The federal suit claims the moratorium violated an agreement signed in the final weeks of the Trump administration that required the federal government to seek state support for any immigration enforcement changes.

Ken Paxton, Texas Attorney General, said:

“Failure to properly enforce the law will directly and immediately endanger our citizens and law enforcement personnel.”

Texas is already in a legal immigration fight, joining eight other states in seeking an end to the Deferred Action for Childhood Arrivals (DACA) program, which provides protection for approximately 650,000 people brought to the country illegally as children.

In the DACA case, lawyers for the states argued that President Obama overstepped his executive powers by creating DACA, and that he violated the Administrative Procedure Act.

The other eight states include Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia. The states claim they are facing irreparable harm for having to bear the costs of supporting and educating DACA recipients.

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In the DACA case, Attorney General Paxton said:

 “Our lawsuit is about the rule of law, not about the wisdom of any particular immigration. In a lawless exercise of executive power, the Obama administration attempted to bypass our elected representatives and put DACA in place by executive action.

“The debate over DACA as policy is a question for lawmakers, and any solution must come from Congress, as the Constitution requires.”

The DACA case remains in court. The U.S. Supreme Court previously ruled against President Trump’s attempt to end DACA in 2017., and a New York judge ordered DACA to be reinstated in December.

In his first week in office, President Biden has taken major steps to change the course of immigration enforcement from his predecessor’s strict stand. President Biden has ordered the stop of construction on Trump’s signature border wall along the Mexican border and lifted a ban on several travel bans, predominately with Muslim countries.

President Biden is also pushing for a path to citizenship for an estimated 11 million illegal immigrants inside the United States before January 1.

As an unintended consequence of President Biden’s soft stance on immigration, a large caravan of thousands of Honduran migrants is making their way to the U.S. border. The caravan forced the Biden administration to struggle with messaging in the days leading up to his inauguration.

A transition official told NBC News that the caravan should not be expected to be allowed into the United States:

“The situation at the border isn’t going to be transformed overnight. We have to provide a message that help, and hope are on the way, but coming right now does not make sense for their own safety…while we put into place processes that they may be able to access in the future.”

The official, who spoke on condition of anonymity, said that the Biden administration was focused on people inside the country and immigrants who have been waiting at the border, not on those presently traveling to the border or recently arriving.

He said that migrants attempting to cross the border “need to understand they’re not going to be able to come into the United States immediately.”

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