Biden Administration’s ‘Catch and Release’ Border Policy Struck Down by US Judge

A U.S. judge found that the federal government’s policy of deporting many illegal immigrants instead of holding them up until they are dealt with violates federal law.

“The evidence establishes that Defendants have effectively turned the Southwest Border into a meaningless line in the sand and little more than a speedbump for aliens flooding into the country,” U.S. District Judge Judge T. Kent Wetherell, a Trump appointee, said in the ruling.

Wetherell fell Alternatives to DetentionThrough this program, President Joe Biden has granted entry to more than a million people from abroad.

Florida Attorney General Ashley Moody is a Republican sued the government in 2021 The policy was challenged by the federal government.

Biden officials stated that they could not hold immigrant and Florida had no standing.

Immigration officials are subject to Supreme Court precedent “broad discretion” While implementing immigration laws is a matter of course, they must also adhere to the law established by Congress. The Immigration and Nationality Act states that immigrants who arrive at the border without proper documents are subject to quick removal without a hearing or review. An immigrant who claims asylum may have his or her claim heard. “shall be detained” Until the claims have been resolved.

It “shall be detained” wording “means what it says and that is a mandatory requirement,” Wetherell stated.

The position of the government “would render mandatory detention under” The law “meaningless,” He did so later.

According to the Administrative Procedure Act the judge declared the policy invalid and remanded it to the government for any further work in accordance with his order.

Moody made the following statement in a release: “Today’s ruling affirms what we have known all along, President Biden is responsible for the border crisis and his unlawful immigration policies make this country less safe. A federal judge is now ordering Biden to follow the law, and his administration should immediately begin securing the border to protect the American people.”

Requests for comments from federal officials were not answered immediately.

For seven days, the court stayed its decision to give the government more time to appeal.

‘Urgent Humanitarian Need’

Alternatives to Detention were first used in 2000, but have been more frequent under the Biden administration.

In a summer 2021 email, Customs and Border Protection (CBP), stated that agents could parole immigrant after determining whether they have room for detention and the risk they pose.

A notice would not be sent to an immigrant who has been released from parole. The immigrant would be directed to go to the nearest Immigration and Customs Enforcement Office. “final destination” Within 60 days “face removal from the United States.” The Biden administration has seen a plunge in deportations.

In the email announcing expanded programs, COVID-19 was not mentioned.

In a Nov. 2, 2021, memorandum, U.S. Border Patrol Chief Raul Ortiz formally outlined the policy, asserting it was necessary due to an “urgent humanitarian need to protect the workforce, migrants, and American public against the spread of COVID19 that may be exacerbated by overcrowding in CBP facilities.” If COVID-19 is improved, “it is expected that there will no longer be a need for this alternative pathway,” He stated.

However, authorities expanded the program after health officials moved to end Title 42, which is a public order of health, due to the ease of pandemics. COVID-19 was never mentioned in the reauthorization memo. COVID-19 was necessary. “disease mitigation,” It was stated in the memo.

Program and other actions “were akin to posting a flashing ‘Come In, We’re Open’ sign on the southern border. The unprecedented ‘surge’ of aliens that started arriving at the Southwest Border almost immediately after President Biden took office and that has continued unabated over the past two years was a predictable consequence of these actions,” The judge wrote.

The officials also requested a reduction in detention capacity as part of budget requests, while requesting increased funding for alternative detention.

“Thus, like a child who kills his parents and then seeks pity for being an orphan, it is hard to take Defendants’ claim that they had to release more aliens into the country because of limited detention capacity seriously when they have elected not to use one of the tools provided by Congress in §1225(b)(2)(C) and they have continued to ask for less detention capacity in furtherance of their prioritization of ‘alternatives to detention’ over actual detention,” According to the judge.