Last week a federal district court judge in Texas vacated the Sept. 30, 2021, Biden administration memorandum (known as “the Final Memorandum”) that established guidelines for the enforcement of civil immigration law. In a decision dated June 10, 2022, the judge declared the memorandum arbitrary and capricious, contrary to law, and failing to observe the rule making provisions in the Administrative Procedure Act (APA). But the judge denied a request from the states that brought the suit for a permanent injunction ordering the administration to comply with the Immigration and Nationality Act’s (INA) mandatory statutory detention provisions. The decision isn’t about migrants in gene
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