Biden claims 'sabotage' after judge blocks his southern border policy

 May 13, 2023

According to the Washington Examiner, the administration of President Joe Biden is now trying to claim that a judge has "sabotaged" their southern border strategy by striking down part of that strategy. 

This comes amid the end of Title 42 and the southern border surge that has resulted from it.

Biden and his administration are attempting to transition to a new southern border strategy. And, on Wednesday, the U.S. Department of Homeland Security (DHS) released a memo revealing one of the policies of that strategy.


The policy addresses the situation of overcrowding. It allows U.S. Customs and Border Patrol (CBP) to "parole" illegal immigrants into the United States - without a court date and without an alien registration number - if certain conditions occur.

One condition is a border sector exceeding its capacity by more than 125%. Another condition is CBP apprehending 7,000 migrants in a day or over a 72-hour period. And, a final condition - that would authorize the paroling of migrants - is the average time in custody going beyond 60 hours.

An occurrence of any one of these conditions, by itself, would be enough to authorize the CBP to parole apprehended migrants - without court dates.

CBP has already experienced several days of more than 10,000 migrant encounters in the past week.

The lawsuits

Several Republican-led states have filed lawsuits in an attempt to stop the Biden administration from implementing this policy. One of those states is Florida.

As part of the lawsuit, Florida Attorney General Ashley Moody (R) asked the court for a restraining order against the policy. And, the request was granted by Judge T. Kent Wetherell.

Wetherell wrote in his ruling, "The Southwest Border has been out of control for the past 2 years. And it is about to get worse because, at midnight tonight, the Title 42 Order expires."


Now, the Biden administration is trying to claim that Wetherell has "sabotaged" their southern border strategy. White House Press Secretary Karine Jean-Pierre said as much during a press conference on Friday:

The way we see that is it’s sabotage. It’s pure and simple. That’s how it reads to us. The claims that [U.S. Customs and Border Protection] is allowing or encouraging mass release of migrants is just categorically false. That’s not what’s occurring; that is not what’s happening.

DHS Secretary Alejandro Mayorkas and the CBP have also pushed back against Wetherell's ruling.

The CBP, nevertheless, said that it will comply with Wetherell's order, which will remain in effect for two weeks.

It remains to be seen whether the Biden administration will appeal Wetherell's ruling.

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