With deportation freeze setback, Biden must engage with ICE

A federal judge issued an injunction late Tuesday evening barring the Biden administration from enforcing a 100-day deportation moratorium. 

Jaclyn Kelley-Widmer, professor of immigration law and director of Cornell University’s Immigration Law and Advocacy Clinic, says the while the order prevents a moratorium on deportations, the Biden administration must engage more effectively with ICE on conducting deportations.

Kelley-Widmer says:

“The Biden administration should seek a stay of this order, which contradicts the broad power to make enforcement decisions that the federal government generally holds.

“Further, even though this order prohibited a complete stop to deportations, the Biden administration can and should be more careful with deportations it does conduct. The order does not mandate enforcement across the board, and it leaves Biden’s enforcement priorities in place. Biden’s team must work more effectively with ICE, which has deported hundreds of people since the moratorium was first banned about a month ago.”