A Trump-appointed federal judge denied a request from the Department of Homeland Security (DHS) to dismiss a lawsuit against the Biden administration for its catch and release policy, which has allowed hundreds of thousands of illegal immigrants into the country since January of last year.
Judge T. Kent Wetherell II refused to dismiss the suit, writing that laws “clearly and unambiguously state that aliens arriving at the border ‘shall be detained,’ not that they may be detained,” and that “the cited provisions of §1225 expressly require aliens to be detained until removal proceedings have concluded, and that §1182(d)(5)(A) does not authorize Defendants to circumvent the mandatory detention requirement as it is allegedly doing through the challenged policies.”
Florida Attorney General Ashley Moody sued Biden’s DHS in February, stating that the agency was surpassing its authority by mass releasing illegal aliens and border crossers into the interior of the U.S., which then put an undue burden on states.
The case is Florida v. United States, No. 3:21-cv-01066 in the U.S. District Court for the Northern District of Florida.
The Biden administration released approximately 836,000 border crossers and illegal aliens into the U.S. interior from February 2021 to March 2022.