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“The Anti-Immigrant Judicial Pipeline is Gushing” – David Leopold Reacts to Texas Judge Ruling Against Immigration Enforcement Priorities

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“The Anti-Immigrant Judicial Pipeline is Gushing” – David Leopold Reacts to Texas Judge Ruling Against Immigration Enforcement Priorities

Washington, DC – Last Friday, Texas federal judge Drew Tipton blocked the Biden Administration’s DHS from relying on its common-sense immigration priorities to target enforcement resources against public safety threats. The ruling is the latest reminder that the anti-immigrant judicial pipeline remains strong and the latest example of Republicans’ relying on their conservative appointees to dictate national policy and advance an extreme, counter-majoritarian agenda.

The following is a statement from David Leopold, Legal Advisor to America’s Voice, past president, American Immigration Lawyers Association (AILA) & Immigration Group Leader, Ulmer & Berne LLP:

“Judge Drew B. Tipton’s order throwing out the Biden administration’s immigration enforcement priorities shows the anti-immigrant judicial pipeline is gushing. Never mind that Congress enacted a law requiring the administration to set immigration enforcement priorities; and never mind that the immigration priorities set by DHS Secretary Mayorkas tell ICE agents to focus limited resources on the arrest, detention and deportation of foreign nationals who threaten public safety and national security.  With the help of friendly judges, the anti-immigrant judicial pipeline drowns common sense immigration policy in favor of chaos.

Here’s how it works:  Attorney General Ken Paxton forum shops for a friendly federal judge in the reliably conservative Fifth Circuit and sues to block a Biden administration immigration policy; The Fifth Circuit appeals court affirms; and the right wing dominated Supreme Court seals the deal.

Unless changes are made to the judiciary, such as expansion of the Supreme Court, the anti-immigrant pipeline will swiftly consume other progressive policies, including LGBTQ rights, gun safety, climate and, of course, a woman’s right to choose. Do we want to live in a world where a Texas judge appointed by Donald Trump sets immigration policy at a micro level?  Or do we want to live in a country guided by the rule of law and adherence to the separation of powers?”