Florida Sues Biden Over Catch-and-Release Policy

Gage Skidmore from Surprise, AZ, United States of America via Wikimedia Commons

Florida is suing President Biden’s administration over the “illegal” catch-and-release immigration policies at the Southern border. Florida Attorney General Ashley Moody filed the suit as part of a joint effort with Gov. Ron DeSantis to “uphold the rule of law despite the Biden administration’s decision to violate the law.”

The lawsuit alleges that Biden officials deliberately violated federal law or abused their parole authority.

According to reports from Fox News:

“The Biden administration’s illegal border policies cause Florida harm,” the lawsuit states. “Many of the aliens illegally released by the Biden administration are arriving, or will arrive in Florida, harming the state’s quasi-sovereign interests and forcing it to incur millions of dollars in expenses.”

Under U.S. code 1225, when individuals arrive in the United States, either at ports of entry, or when caught crossing the border illegally, they are considered “arriving aliens” under immigration laws.

Under U.S. code, those individuals are required to be detained until a decision is made as to whether they are to be admitted to the country. This rule applies even if the individual is claiming asylum–an immigration judge would determine if they are entitled to asylum before release into the U.S. interior.

The only exception to the rule is the federal government’s “parole authority,” which allows releasing aliens into the interior immediately, but may only be used on a “case-by-case basis” and only for “urgent humanitarian reasons or significant public benefit.”

The defendants in the suit are the Department of Homeland Security, its component agencies, like Immigration and Customs Enforcement (ICE), as well as Homeland Security Secretary Alejandro Mayorkas, top officials from ICE, Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS).


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