In a surprising turn of events, a judge appointed by former President Donald Trump has ruled in favor of one of President Joe Biden’s immigration policies.
U.S. District Judge Drew Tipton has issued a ruling that goes against Texas and 20 other Republican-led states. These states were challenging a program established by the Biden administration, which permits up to 30,000 migrants from four specific countries to enter the United States on an emergency basis every month.
The program is open to approved migrants from Cuba, Haiti, Nicaragua, and Venezuela. To be eligible, applicants must be sponsored by someone in the United States and make their own travel arrangements by air to participate.
In November 2023, around 234,000 individuals availed themselves of the program, granting each approved participant a parole period of up to two years in the United States.
In January 2023, Republican state leaders, led by Texas Attorney General Ken Paxton, filed a lawsuit to challenge the program. They argued that the policy violated immigration law and had adverse effects on their states by promoting increased legal immigration.
Judge Tipton, who was nominated by Trump and serves on the U.S. District Court for the Southern District of Texas, made a ruling on Friday. According to his decision, Texas does not have the legal standing to bring the lawsuit and has failed to show any proof of being harmed by the program.
The judge observed that both the Department of Homeland Security (DHS) and the Republican states acknowledged the significant decline in the number of migrants entering the country through the program, with a decrease of up to 44 percent.
In his ruling, Tipton emphasized that the plaintiffs have failed to prove that they have suffered any harm from the Program. Consequently, they do not have the legal standing to pursue these claims. It is important to note that this ruling does not address the legality of the policy itself.
According to Tipton, the court has determined that the plaintiffs have failed to demonstrate that Texas has suffered any injury, and as a result, they do not have the standing to pursue this lawsuit.
On Friday night, DHS and the office of Paxton were contacted by Newsweek via email for comment.
In January 2021, shortly after Biden assumed office, Tipton, who had a track record of opposing Biden’s immigration policies, ruled against the administration. Following a lawsuit filed by Paxton, the judge invalidated the new policy implemented by the nascent administration, which aimed to temporarily halt the deportation of certain migrants.
Tipton argued at the time that the potential harm to the defendants is outweighed by the threat of injury to Texas. He further stated that the arguments presented by DHS in favor of the deportation freeze were not convincing.
The U.S. Supreme Court ultimately reversed Tipton’s ruling on appeal. In an 8-1 decision, with only Justice Samuel Alito dissenting, the Court concluded that the judge lacked jurisdiction to invalidate the policy.