A federal judge just refused to dismiss a lawsuit challenging the Biden administration’s catch-and-release illegal immigration policy, Breitbart News reports.
The catch-and-release policy stands in contrast to former President Donald Trump’s “Remain in Mexico” policy, which the Biden administration has ended.
Whereas under the Remain in Mexico policy illegal immigrants had to literally remain in Mexico while awaiting their immigration court hearing, under the catch-and-release policy illegal immigrants are released into U.S. communities. The latter policy puts a huge strain on those communities where illegal immigrants are released, while the former policy doesn’t.
To put the situation into perspective, it is estimated that the Biden administration has released 836,000 illegal immigrants into the United States since February 2021. Breitbart notes that this is “a foreign population that outpaces the populations of Alaska, North Dakota, Vermont, the District of Columbia, and Wyoming.”
Back in February, Ashley Moody, the Republican Attorney General of Florida, filed a lawsuit against the Department of Homeland Security (DHS). In the lawsuit, Moody argues that the DHS, by carrying out the catch-and-release policy, is either overstepping its Constitutional authority or is in violation of federal immigration law.
Recently, the administration of President Joe Biden attempted to get Moody’s lawsuit dismissed. But, Judge T. Kent Wetherell II has now denied that motion for dismissal.
“The Court agrees with Florida,” Wetherell wrote.
“The cited provisions in §1225 clearly and unambiguously state that aliens arriving at the border ‘shall be detained,’ not that they may be detained,” Wetherell argues. “The word ‘shall’ connotes a requirement or a command, rather than a suggestion or an opportunity for the exercise of discretion.”
Wetherell goes on to state that the Biden administration has . . .
. . . adopted and are implementing policies that contravene explicit mandates and restrictions in the immigration statutes and that the policies have effectively turned the southern border into little more than a speedbump for the hundreds of thousands of aliens who have flooded across the border into the country since January 2021 and the thousands more who are arriving at the border daily.
“A huge win”
Moody, following the decision, put out a statement calling it a “huge win.”
“Today’s order is a huge win in our fight to force the Biden administration to fix the crisis by following the law,” Moody said. “As the order states, ‘not even the President is above the law,’ and I look forward to advancing our case to hold the Biden administration accountable for ignoring public-safety immigration laws and turning our nation’s last bastion of protection into nothing more than a speedbump.”
The Biden administration has not commented on the decision.