The State of Florida on Wednesday announced that it is suing the Biden administration. The Florida Attorney General’s office is arguing that the Biden administration is shirking its constitutional duties and failing to follow federal law with its disastrous handling of immigration policy.
“Florida Attorney General Ashley Moody is taking legal action against the Biden administration for ignoring federal immigration law as the crisis at the United States Southern Border intensifies,” Breaking 911 reported. “According to federal law, arriving immigrants, including those claiming asylum, are required by law to be detained while immigration courts determine if there is a valid basis to enter the United States. As a result of the Biden administration’s illegal abdication of duty, U.S. Customs and Border Protection has already released more than 225,000 illegal border crossers this year.”
Florida’s lawsuit makes it clear that the Biden administration needs to be held accountable for its lawless actions and dereliction of duty, specifically, regarding the unwarranted release of illegal aliens into the country.
As the Supreme Court recently explained, there is only one “circumstance under which” these arriving aliens “may be released” from detention: when the federal government exercises its “temporary parole” authority…
But that authority may be used “only on a case-by-case basis” and only for “urgent humanitarian reasons or significant public benefit.”
The Biden Administration is ignoring these requirements. It has released at least 225,000 illegal border crossers since taking office, including “[a]bout 50,000” whom the government released without initiating immigration court proceedings as required by law. This practice was apparently authorized by “[g]uidance sent to border patrol . . . from agency leadership,” which has not been made public, and which appears to claim broad “prosecutorial discretion” to ignore the requirements of the immigration laws.
The government is not free to ignore the clear commands of Congress. It has claimed that it lacks the resources and detention capacity to process the surge of migrants arriving at the border. But the Biden Administration has actively sought to eliminate measures that increase its resources and detention capacity, such as the Migrant Protection Protocols (also known as the “wait in Mexico policy”), and has even asked Congress to reduce the number of immigration detention beds available to it.
Further, it is the Biden Administration’s misguided policies that have encouraged more migrants to make the dangerous journey to the United States. The government cannot, therefore, use a purported lack of resources as an excuse to ignore congressional mandates. The Biden Administration’s illegal border policies cause Florida harm. Many of the aliens illegally released by the Biden Administration are arriving or will arrive in Florida, harming the State’s quasi-sovereign interests and forcing it to incur millions of dollars in expenses.
Florida Attorney General Moody remarked on the lawsuit on Wednesday.
“The Biden administration’s brazen disregard for federal immigration law is jeopardizing the safety and security of our state and nation, all while costing Florida taxpayers. Biden’s lax border policy is an open invitation to dangerous criminals, human traffickers and drug traffickers to enter the United States—creating a crisis at the Southern Border like we have never seen. Because Biden is not requiring those crossing the border to go through the legally mandated channels, they are coming into our country without being properly processed,” Florida AG Ashley Moody said.
“The federal government cannot simply ignore federal laws because it does not agree with them politically,” Moody continued. “The Biden administration must implement the immigration policy required under federal law and we are asking the court to take swift action to reduce the harm caused by Biden’s inaction.”
Governor Ron DeSantis also commented on the matter.
“Since President Biden took office—which has been less than one year—the Border Patrol has released nearly a quarter million illegal aliens into the United States,” DeSantis said. “This executive order makes it clear that Florida resources will not be used to prop up the failed open border agenda enacted by this administration. Attorney General Ashley Moody has also filed a lawsuit against the Biden administration challenging its policy of catching and releasing the staggering number of illegal aliens apprehended at the border into the United States. We will continue to hold the federal government accountable for refusing to enforce the immigration laws of this country.”
It has apparently fallen to state like Florida to tell the U.S. government how to abide by its legal and constitutional duties. Thankfully, it has a leader like Governor Ron DeSantis who is up to the challenge.
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OPINION: This article contains commentary which reflects the author's opinion.