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Federal judge rules Biden’s border policies unlawful


(Photo by Spencer Platt /Staff /Getty Images

OAN Brooke Mallory
UPDATED 6:19 PM PT – Wednesday, March 8, 2023

Florida District Judge T. Kent Wetherell II declared the use of parole by the Biden Administration to allow migrants into the United States illegal and accused the administration from turning the U.S. – Mexico border into a prison. “meaningless line in the sand.”

The ruling on Wednesday was issued in response to a Sunshine State lawsuit. It claimed that the Biden administration’s mass release of tens and thousands of illegal migrants crossing the border rather than keeping them detained violated U.S immigration law.

As Trump-era Trump tactics, such as the Migrant Protection Protocols that held immigrants for immigration hearings and more than 1.75 million migrant encounters 2021, were ended, the administration sought to find ways of quickly releasing them into the United States.

A notice advising them of their court dates was usually sent to migrants before they released them.

Ashley Moody, Florida’s Attorney General was the one who challenged this policy.

Moody sued DHS (Department of Homeland Security) in 2021. He claimed their Parole Plus Alternative to Detention policy violated the Immigration and Nationality Law.

The lawsuit claims that her concern was about the fact that 100,000 migrants were released in Florida as a result of the policy. According to her, this led to the state incurring significant costs in order to offer social services to these individuals.  

Judge Wetherell (an ex-presidential appointee), prevented the administration’s ability to continue administering a 2021 DHS memo which authorized certain procedures. “alternatives to detention” Reduce overcrowding of detention centers

Cell phone monitoring, ankle bracelets and random checks-ins of immigration officers are just a few examples. Conservative critics criticized the policy for being too restrictive. “catch and release.”

Judge Wetherell stated federal immigration authorities do not have the power to make these changes on a widespread basis as required by the current laws. He gave the administration seven days for appeal.

Moody testified that the judge had made a wrong decision. “affirms what we have known all along, [that] President Biden is responsible for the border crisis and his unlawful immigration policies make this county less safe.”

They did not receive a prompt response from the DHS to their inquiry to comment.

Although the administration stated that they do not have the resources and capacity to detain migrants as a result of the Wednesday ruling, it could lead to an increase in detentions in such centers.

Florida, along with 19 other GOP state, are opposing a separate administration policy which would allow thousands of individuals from Venezuela, Cuba, Haiti and Nicaragua to be freed into the U.S. every year instead of being detained in facilities. Red states claim that the program violates the law regarding parole.


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