Hundreds deported under Biden, including witness to massacre

Democratic U.S. Rep. Veronica Escobar of Texas, whose district includes El Paso, said her office had flagged Rosa's case to the White House.

"My concern is that ICE will continue to move quickly before the Biden administration has an opportunity to make assessments and provide further directives," Escobar said Monday.

Two legal experts say that regardless of the judge's order on the deportation moratorium, ICE could release immigrants with deportation orders, keep people detained or otherwise delay the deportation process.

"Scheduling deportations is still a matter of discretion for the agency," said Steve Yale-Loehr, an immigration law professor at Cornell University.

U.S. District Judge Drew Tipton last week granted a temporary restraining order sought by Texas that bars enforcement of a 100-day deportation moratorium that had gone into effect Jan. 22. Tipton said the Biden administration had violated the federal Administrative Procedure Act in issuing the moratorium and had not proven why a pause in deportations was necessary.

Tipton on Friday said he would extend his order through Feb. 23. The Justice Department has not yet asked Tipton or a federal appeals court to block the order.

The White House on Friday reissued a statement saying it believed a moratorium was "wholly appropriate," adding that "President Biden remains committed to taking immediate action to reform our immigration system to ensure it's upholding American values while keeping our communities safe."

Biden is expected to issue a series of immigration-related executive orders Tuesday amid the expected confirmation of Alejandro Mayorkas as Homeland Security secretary. Those orders are expected to include the formation of a task force to reunify families separated during the Trump administration.