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An Immigration TRO for Joe


Migrants return to Mexico, using the Puerta Mexico bridge that crosses the Rio Grande river in Matamoros, Mexico, on the border with Brownsville, Texas, July 31, 2019.



Photo:

Emilio Espejel/Associated Press

Donald Trump

complained often about the frequency with which federal judges blocked his immigration orders, starting with his first sloppy travel ban in 2017. Now it’s President

Biden’s

turn, as a federal judge in Texas issued a temporary restraining order on Tuesday against Mr. Biden’s 100-day moratorium on deporting illegal aliens.

Judge

Drew Tipton,

a Trump appointee, issued the two-week TRO that applies nationwide and said he is considering a permanent injunction that would extend longer. The judge ruled on a suit filed by the state of Texas arguing that the deportation pause violates federal law that obligates the government to police illegal entry to the U.S. Judge Tipton said Mr. Biden’s order violates the Administrative Procedure Act, which is the same law that liberal judges used to issue nationwide injunctions against Mr. Trump’s rules.

The Biden Administration may appeal the ruling, and it pays to be skeptical these days when a judge issues a nationwide injunction. Too many judges have grown fond of the power to stop policies they don’t like. The truth in this case will require a more careful view of the legal arguments.

Meanwhile, the ruling is a blow to Mr. Biden’s early government by pen and phone, to borrow one of

Barack Obama’s

famous boasts. Mr. Biden’s pace of executive orders far outpaces Mr. Trump’s in his first week. Maybe he should slow down and make sure his orders are legally buttoned up.

Potomac Watch: Democrats rely on unions to get elected, and unions are therefore first in line to get their special-interest paybacks, hence the firing of Peter Robb, the General Counsel of the National Labor Relations Board. Images: Getty/Bloomberg Composite: Mark Kelly

Copyright ©2020 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8

Appeared in the January 27, 2021, print edition.



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