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Photo: Mandel Ngan/AFP via Getty Images

A federal judge in Texas has temporarily blocked the Biden administration's 100-day freeze on deporting unauthorized immigrants.

Why it matters: Biden has set an ambitious immigration agenda, but he could face pushback from the courts.

The big picture: U.S. District Judge Drew Tipton, a Trump appointee, issued a temporary restraining order blocking the policy for 14 days.

  • Texas Attorney General Ken Paxton sued the Biden administration last week, claiming the freeze "violates the U.S. Constitution, federal immigration and administrative law, and a contractual agreement between Texas" and the Department of Homeland Security, per a press release from Paxton’s office.
  • "The issues implicated by that Agreement are of such gravity and constitutional import that they require further development of the record and briefing prior to addressing the merits," Tipton wrote in his Tuesday order.
  • Tipton also said Texas has provided evidence that the freeze would result in "millions of dollars of damage" by spurring an increase in spending on public services for unauthorized immigrants, according to the judge’s order.

What they're saying: "Texas is the FIRST state in the nation to bring a lawsuit against the Biden Admin. AND WE WON," Paxton tweeted. "Within 6 days of Biden’s inauguration, Texas has HALTED his illegal deportation freeze."

  • The other side: “We’re confident that as the case proceeds, it will be clear that this measure was wholly appropriate in ordering a temporary pause to allow the agency to carefully review its policies, procedures, and enforcement priorities – while allowing for a greater focus on threats to public safety and national security," a White House spokesperson said in a statement to Axios.

Of note: Former President Trump was frequently met with injunctions for his immigration policies.

Go deeper

Scoop: Top Trump Homeland Security officials join Heritage

Former DHS acting Secretary Chad Wolf. Photo: Greg Nash-Pool/Getty Images

Chad Wolf, Ken Cuccinelli and Mark Morgan, three of former President Trump's biggest immigration policy defenders, will join the Heritage Foundation on Monday as fellows, Axios has learned.

Why it matters: All three former Homeland Security officials consistently backed Trump and were key in implementing his strict immigration agenda. Now, they will continue to shape conservative policy ideas on national security and foreign policy from the outside.

Updated 43 mins ago - Politics & Policy

Here come Earmarks 2.0

DeLauro at a hearing in May 2020. Photo: Alex Wong/Getty Images

The House Appropriations Committee is preparing to restore a limited version of earmarks, which give lawmakers power to direct spending to their districts to pay for special projects.

Why it matters: A series of scandals involving members in both parties prompted a moratorium on earmarks in 2011. But Democrats argue it's worth the risk to bring them back because earmarks would increase their leverage to pass critical legislation with a narrow majority, especially infrastructure and spending bills.

Ben Geman, author of Generate
1 hour ago - Energy & Environment

UN says Paris carbon-cutting plans fall far short

Illustration: Sarah Grillo/Axios

Nations' formal emissions-cutting pledges are collectively way too weak to put the world on track to meet the Paris climate deal's temperature-limiting target, a United Nations tally shows.

Driving the news: This morning the UN released an analysis of the most recent nationally determined contributions (NDCs) — that is, countries' medium-term emissions targets submitted under the 2015 pact.

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