Global Courant 2023-05-14 04:26:12
A federal judge has denied the Biden administration’s request to impose a temporary restraining order blocking the release of migrants to the US without court dates.
U.S. District Court Judge T. Kent Wetherell II denied the Biden administration’s request during a filing on Saturday, citing its request for an emergency stay of a ruling barring it from releasing migrants without a court date after the expiration of title 42 “borderline frivolous”.
“DHS’s Chicken Little arguments about the impact of not being able to (abuse) ‘parole’ under both policies as a coping tool for the wave of aliens arriving at the border are hard to reconcile with the recent comments from the DHS secretary that only “a fraction of the people we encounter” would be released into the country and that “the vast majority will be addressed in our border patrol facilities and our ICE detention facilities,” wrote Wetherell, who was appointed by former President Trump.
Wetherell on Thursday blocked the government’s “parole” policy in response to a Florida state lawsuit. The order came as migrants stormed to the US border as Title 42 public health order — which allowed for the swift removal of migrants due to the COVID-19 pandemic — expired.
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President Biden speaking at the University of Tampa on February 9, 2023. (Joe Raedle/Getty Images)
Agents encountered more than 10,000 migrants on several days, and more than 25,000 were in custody by Friday morning.
The release policy was outlined this week in a memo from the Border Patrol, which said migrants could be allowed to enter the country on parole — a process typically reserved for “urgent humanitarian reasons or significant public benefit” — if CBP faces overcrowding.
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The memo calls the practice “conditional release” as migrants are required to make an appointment with the Immigration and Customs Service (ICE) or request notice by mail.
On parole, migrants are quickly released into the country, are not given an alien registration number and are not given a court date.
A Texas National Guard soldier bans journalists from approaching migrants who crossed from Mexico on May 9, 2023 in El Paso, Texas. (John Moore)
The use of parole is permitted if industry capacity exceeds 125%, if officers detain 7,000 per day for 72 hours, or if average time in custody exceeds 60 hours.
“Fed judge denies DOJ’s ‘borderline frivolous’ motion to stop AG Moody’s order to halt mass release of illegal immigrants,” Florida Republican Attorney General Ashley Moody wrote on Twitter.
“To claim @JoeBiden makes “Chicken Little” arguments, the judge puts the blame for the border crisis right where it belongs, saying, ‘The situation DHS is in now basically caused it.'”
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DHS Secretary Alejandro Mayorkas speaks to reporters in Brownsville, Texas. (Fox news)
The White House did not immediately respond to a request for comment from Fox News Digital.
Fox News Digital’s Adam Shaw and Chris Pandolfo contributed to this report.
Andrew Mark Miller is a writer at Fox News. Find him on Twitter @andymarkmiller and email tips to [email protected].
