Appeals court delivers another victory for Florida's AG Moody against Biden on migrant release policy

AP Photo/Andres Leighton

The Biden administration was denied a request for a stay on an order blocking the implementation of its controversial policy of releasing illegal aliens into the U.S. without a court date by the 11th Circuit Court of Appeals on Monday.

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A federal judge blocked the Biden administration’s “parole with conditions” policy in May. The policy was in place for only a day just ahead of the end of Title 42 on May 11. In just that short time it was in place, the administration said that nearly 9,000 migrants were released. Unbelievable. 9,000 migrants released into the United States in one day, likely never to be heard from again.

The judge ruled that the parole policy that released illegal aliens without a court date and told them to just check in with ICE within 60 days was materially identical to a separate policy that paroled illegal aliens into the United States while enrolling them into alternatives to detention (ATD) programs. The judge blocked that policy in March. Florida Attorney General Ashley Moody filed a lawsuit that the judge ruled on. She also filed the May challenge. So, she won both.

When U.S. District Judge Kent Wetherell ordered the Biden administration to halt the quick migrant release policy, White House Press Secretary Karine Jean-Pierre accused the judge of “sabotage.” I would guess she had no idea what she said but that’s probably because she’s not the sharpest tool in he shed.

The administration, which called the block of the policy “sabotage,” filed a motion to stay the orders blocking both the “parole + ATD policy” and the “parole with conditions” policy. Lawyers for the administration said that the orders blocking the policies will “undermine the Executive Branch’s constitutional and statutory authority to implement its immigration priorities and secure the border.”

The administration had also argued that blocking the ability to release migrants will lead to the overcrowding of Customs and Border Protection (CBP) facilities and threaten the health, safety and security of Border Patrol agents and migrants – with downstream effects on public safety and national security.

“The fact remains that when overcrowding has occurred in Border Patrol facilities, Republican and Democratic Administrations alike have used this parole authority to protect the safety and security of migrants and the workforce,” a CBP statement said last month.

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You know what would also relieve the overcrowding of CBP facilities and protect the health, safety, and security of Border Patrol agents? Securing the border. Stop the flow of illegal migrants into the country and there is no need for facilities to house them or for border communities to provide services for them. How about doing that for a change?

It boils down to the fact that the appeals court panel didn’t believe the administration’s argument that there would be disaster along the border if CBP couldn’t continue to release illegal aliens into the country without court dates.

The three-judge appeals court panel denied the motion, arguing that the warnings “ring somewhat hollow on this record, considering the department’s track record of overstating similar threats in the underlying proceedings” and pointed to prior claims made by the administration of disastrous consequences if releases were blocked.

“Given this record, we take DHS’s latest claims of impending disaster if it is not allowed to use either of the challenged policies with some skepticism,” the judges wrote. The judges also noted a recent drop in encounters at the border since the Title 42 order ended on May 11.

So, Florida AG Ashley Moody just keeps winning. She’s responsible for both the temporary restraining order and then the preliminary injunction against the policy. Good for her for stepping up and skillfully making her case against the administration. She released a statement.

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“The 11th Circuit Court of Appeals has refused to disturb an injunction Florida obtained against a Biden policy allowing the mass release of illegal immigrants into the country,” Moody said in a statement. “Protecting our border is one of the most fundamental responsibilities of our President and Florida will not allow Joe Biden and Secretary Mayorkas to continue putting American lives at risk in clear violation of Federal Law.”

The administration also faces other legal challenges due to its asylum rules. Biden brought it on himself. He did away with law and order on the border by refusing to enforce the laws that are on the books. If there was a desire to secure the southern border and protect America’s sovereignty by this administration, it would be done, just like previous administrations have done. Even Obama secured the border – he was the one who first used the “cages” for illegal migrants in detention centers. Does Joe remember that? Don’t answer that. He probably doesn’t. So now we have the Biden border crisis. States have to do what Biden refuses to do. Thanks to Ms. Moody, there is a win for basic common sense. Releasing illegal aliens without court dates and just telling them to show up at the nearest ICE office when they get settled in is a recipe for disaster. Biden doesn’t care. It’s a dereliction of duty, I would say an impeachable offense. Yet Democrats who cried at the border during the previous administration no longer utter a peep. It’s as though if they ignore the humanitarian and national security disaster, then nothing is going wrong.

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David Strom 6:00 AM | April 25, 2024
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