![]() Wetherell stated that there is no question that there “is an immigration ‘crisis’ at the Southwest Border” that is “unsustainable.” Rejecting the Biden administration’s claims to the contrary, Wetherell found that the DHS has “effectively turned the Southwest Border into a meaningless line in the sand and little more than a speed bump for aliens flooding into the county by prioritizing ‘alternatives to detention’ over actual detention and by releasing more than a million aliens into the county – on ‘parole’ or pursuant to the exercise of ‘prosecutorial discretion’ under a wholly inapplicable statute.” Standing to Sueįlorida, he said, had standing to sue, since the state “has incurred substantial costs in providing public services” to the minimum of 100,000 aliens who have been released in Florida by DHS and who “would not have been in the state but for the challenged policies.” That 100,000 figure represents the number of Florida addresses given to DHS by illegal aliens being released. In all other cases, unless an immigration official determines that, as Wetherell wrote in his opinion, the alien “is clearly and beyond a doubt” entitled to be admitted, the alien “shall be detained” for removal proceedings. If aliens arriving illegally claim they are entitled to asylum because they are being persecuted, the statute says the aliens “shall be detained” pending a final determination of whether their claim is valid, which in the overwhelming number of cases is fraudulent. ![]() >See also The Heritage Foundation’s new Special Report, “The Case for Impeachment of Alejandro Nicholas Mayorkas Secretary of Homeland Security.” In other words, they are to be turned back immediately. ![]() Code says aliens who arrive without proper admission documents are subject to expedited removal “without further hearing or review.” The Biden administration claims it has “the discretion not to detain aliens, notwithstanding the mandatory language” of federal law. Parole+ATD is the Biden administration’s name for one of its many parole programs under its general “catch and release” policy, which the Obama administration also used, but which President Donald Trump ended.įederal immigration law could not be clearer about the illegality of what DHS is doing. ![]() ![]() U.S., the state of Florida is claiming that the DHS is violating the mandatory detention required in federal immigration law by releasing aliens “en masse through various, non-detention policies, including the Parole+ATD policy and the exercise of ‘prosecutorial discretion.’” Kent Wetherell II for the Northern District of Florida has ordered a stop to the Biden administration’s “Parole Plus Alternatives to Detention” (“Parole+ATD”) policy that has been illegally releasing hundreds of thousands of aliens into the U.S., concluding that it violates the Administrative Procedure Act, which governs rulemaking by federal agencies. In a scathing opinion on Wednesday that questions the credibility of the Department of Homeland Security, U.S. ![]()
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