February 12, 2021
Coalition of 16 AGs
File Amicus Brief SupportingBiden-Harris
Administration Plan to Pause Deportations
Carson City, NV – Today, Nevada
Attorney General Aaron D. Ford joined a coalition of 16 attorneys general
fighting alongside President Joseph Biden to pause deportations pending the
Administration’s review of policies. On the first day of the Biden-Harris
Administration, the U.S. Department of Homeland Security (DHS) issued a memo
ordering a moratorium on deportations for 100 days while a thorough review of
the DHS’s polices took place. Two days later, the state of Texas sued the administration,
seeking to overturn the moratorium. Texas is now seeking a preliminary
injunction to halt the moratorium while the case makes its way through the
courts.
In an amicus
brief filed in Texas v. United States, AG Ford and the coalition
asks the district court to reject Texas’s request for a preliminary injunction
and deny the state’s efforts to dictate federal immigration policy through a
last-minute “agreement” with the Trump Administration.
“An outgoing
presidential administration — after losing a national election by millions of
votes — cannot handcuff the decisions of a new administration when they’re
trying to change national policies to reflect the will of the voters,” said
AG Ford. “My office’s job is justice, and justice in this instances
requires a review of deportation policies that may have had unintended and
onerous effects and often deny humanity.”
As part of a series
of sweeping immigration reforms, the Biden-Harris Administration halted the
deportation of undocumented immigrants for 100 days on January 20, 2021. However,
days before President Biden took office, the state of Texas entered into an
agreement with the Trump Administration that sought to hamstring the incoming
Biden-Harris Administration before it had the opportunity to put in place its
own policies and priorities concerning removal.
In the amicus brief, the
coalition argues that Texas’ agreement with the previous administration is not
only unlawful, but that it also presents serious issues related to federal
immigration enforcement in Nevada and the other states within the
coalition, which are home to a significant share of the estimated 11 million
undocumented immigrants in the U.S. Texas’ request for nationwide enforcement
of an agreement that it alone signed with the DHS not only conflicts with
federal law but also undermines the sovereignty of its fellow states.
Further, the
coalition highlights the overwhelming contributions undocumented immigrants
bring to the nation. Specifically, undocumented immigrants contribute
approximately $6.8 billion in state and local taxes annually. And immigrants —
both with and without documentation — are also critically needed employees in
essential sectors, including those sectors vital to combatting the COVID-19
public health crisis by delivering goods and food, providing technological and
human-resources support for telecommuting, offering telehealth and other
in-person health care, assisting at grocery stories, and more.
Finally, the
agreement was not validly executed by the DHS, as it was signed on behalf of
the federal government only by Kenneth Cuccinelli II, who, at the time, was
unlawfully acting as a senior official performing the duties of the deputy
secretary. Several courts, as well as the Government Accountability Office,
have already found that Cuccinelli was not lawfully appointed because he
assumed his role in violation of two federal acts related to the succession of
power: The Federal Vacancies Reform Act and the Homeland Security Act. Thus,
Cuccinelli’s execution of the agreement with Texas here is in excess of
statutory authority and without force or effect.
While Texas now seeks
a preliminary injunction, it was previously successful in garnering a
two-week temporary restraining order, which was extended until
February 23, 2021 to allow for further briefing.
In addition to
Nevada, other states joining the filling include: California, Connecticut,
Delaware, Illinois, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon,
Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.
The filed brief is
attached.
###