A federal judge in Florida on Wednesday agreed with the state's Republican attorney general that the policy of President Joe Biden's administration to release many people who illegally cross the U.S.-Mexican border rather than detaining them violates U.S. immigration law.
Wetherell gave the administration seven days to file an appeal before his decision takes effect.
Moody said in a statement that the judge's decision "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."The administration has said it lacks the resources and detention capacity to process a recent surge of migrants. Wednesday's ruling could lead to a significant increase in the number of people held in detention centers.
Federal immigration law allows DHS to "parole" migrants rather than detaining them "on a case-by-case basis for urgent humanitarian reasons or significant public benefit." The administration argued that the 2021 memo was an exercise of that discretion because overcrowding in detention centers amounted to a humanitarian crisis.
Wetherell decided that the policy violated the requirement that the government consider parole on a case-by-case basis.another administration policy that would allow hundreds of thousands of people from Cuba, Haiti, Venezuela and Nicaragua to be released into the United States rather than detained each year.Our Standards:Dan Wiessner reports on labor and employment and immigration law, including litigation and policy making. He can be reached at [email protected].
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