Attys Say Biden Deportation Pause Can Proceed

Law360 (February 3, 2021, 9:27 PM EST) -- More than 120 law professors and legal experts told the newly sworn-in secretary of the U.S. Department of Homeland Security that the department can choose not to deport immigrants, despite a recent court order blocking the Biden administration's 100-day freeze on most deportations.

In a Tuesday letter to Alejandro Mayorkas, the new head of DHS, experts from institutions including the National Immigrant Justice Center, Harvard and Yale said that the Immigration and Nationality Act gives DHS officials broad discretionary authority to delay or abandon individual deportation proceedings.

A Texas federal judge's order temporarily enjoining DHS's deportation moratorium, which was announced the...

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