Global Courant
The Biden administration was denied its request to suspend a lower court order that prevented it from pursuing a policy that would allow the release of migrants in the US without court dates – paving the way for the administration to launch a last-ditch effort to the Supreme Court.
On Monday, a three-judge panel of the 11th Circuit Court of Appeals issued a decision denying the Biden administrator’s request to prevent an injunction from a lower court from taking effect while the case plays out on the merits in the courts .
The Biden administration now has the option of filing an emergency appeal with the Supreme Court to no longer uphold the lower court’s decision.
The 11th Circuit panel did not accept the Department of Homeland Security’s (DHS) claims in court that failure to issue a stay would cause “irreparable” damage.
Migrants processed by US Border Patrol and released from their center will receive assistance from the Regional Center for Border Health to move to areas outside of Yuma, on Friday, May 12, 2023 in Somerton, AZ. (Gary Coronado/Los Angeles Times via Getty Images)
FEDERAL JUDGE BLOCKS BIDEN ADMIN FROM RELEASING MIGRANTS WITHOUT JUDGMENT DATE AS TITLE 42 EXPIRES
“… DHS’s claims of irreparable injuries ring somewhat hollow. In this report, given the department’s track record of exaggerating similar threats in the underlying proceedings. For example, on January 12, 2023, DHS stated to the district court that any vacancy of the parole + ATD policy would have “disastrous consequences” for border management the next day,’ Monday’s order reads.
DHS again made the same statement on Feb. 16, 2023. But in reality, CBP had stopped using the Parole + ATD practices as of Jan. 2, 2023, and DHS now admits it was able to “manage its detention capacity() since January) using many other tools at its disposal.” The department’s ability to assess future damage is uncertain at best,” it continued.
U.S. Secretary of Homeland Security Alejandro Mayorkas testifies before a House Appropriations Subcommittee on April 27, 2022 in Washington, DC. Mayorkas testified on the Fiscal Year 2023 budget request for the Department of Homeland Security. (Kevin Dietsch/Getty Images)
FLORIDA AG MOODY MOVES TO BLOCK DHS FROM RELEASING DOMESTIC MIGRANTS WITH DATE OF COURT
“Given this track record, we take DHS’s latest claims of imminent disaster if it is not allowed to use any of the contested policies with any skepticism,” it said.
The lawsuit stems from a lawsuit filed by Florida Attorney General Ashley Moody over a border policy outlined in a memo from the Border Patrol last month that said migrants could be allowed to enter the country on parole — a process that is typical reserved for “urgent humanitarian aid”. reasons or significant public benefit” — when Customs and Border Protection (CBP) faces overcrowding.
The memo called the practice “conditional release” as migrants are required to make an appointment with Immigration and Customs Enforcement (ICE) or request a notice to appear by mail.
Republican Attorney General Ashley Moody (left) and President Joe Biden (right). (Getty)
FLORIDA AG CHALLENGES BIDEN ADMIN TO STOP PLANNED MASS RELEASE OF MIGRANTS WHEN TITLE 42 ENDS
Moody sued after media reports emerged of the planned releases, arguing that the policy was “substantially identical” to a “Parole + ATD” policy previously blocked in court.
Federal Judge T. Kent Wetherell II imposed a two-week temporary restraining order against the Biden administration’s policy, which would allow migrants to be released on parole, just before the scheduled end of the Title 42 public health order.
While DHS had acknowledged the plan to release migrants without court dates, it had dismissed the idea that it was conducting “mass” releases, instead saying those releases were only on a case-by-case basis. A DHS spokesperson told Fox News Digital last month that “reports that CBP is allowing or encouraging mass releases of migrants are categorically false.”
The 11th Circuit’s decision comes just days after AG Moody filed an amended complaint in the case, expanding its arguments to include Border Patrol continuing to release migrants on its own acknowledgment with a court date (known as a message to appear, or NTA).
While this has happened continuously during the Biden administration, DHS recently told the court that it has taken steps to “streamline” the process.
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Florida is therefore calling for a review of the agency’s policy and its removal, claiming that most migrant releases in the US are a result of NTA/OR policies. The arguments also say that DHS has not considered alternatives to releasing migrants, including reopening family detention and ending the Flores Consent Order, which limits how long minors can remain in custody.
Brianna Herlihy is a political writer for Fox News Digital.
