Thursday’s ruling, based on an earlier lawsuit filed by Florida against the Biden administration, asserted that officials were ignoring a federal law requiring the detention of immigrants who enter the country illegally. That case criticized and modified the parole and “alternative to detention” policy created in November 2021.
“… In both cases, aliens are quickly released into the country, without being subjected to removal proceedings, without any vetting and monitoring,” wrote Wetherell, 17, who was appointed by former President Donald Trump. page order.
In the order, Wetherell granted a temporary restraining order sought by the DeSantis administration in the case of Florida Attorney General Ashley Moody. It goes into effect at 11:59 p.m. — coinciding with the expiration of Title 42 — giving the Biden administration a chance to pursue the ban from the high court.
Additionally, the judge set a May 19 hearing in Pensacola.
Attorneys for the Biden administration on Thursday afternoon urged Wetherell to deny Florida’s bid to block the policies, which they argue are “necessary to address the immediate and dramatic increase.” [of Visits on the South-West Frontier.”
“The court must deny this request to limit the executive’s authority to manage the border, a core administrative function, without the benefit of a full explanation, especially on an emergency basis, prior to a dramatic increase in the number of arrivals at the border.” They wrote a motion against this move.
Title 42 refers to the section of the US Code of Public Health, Social Welfare and Civil Rights that in 2020 the Trump administration implemented to turn people away at the border for public health reasons amid the pandemic. But with that set to expire on May 11, the Biden administration is preparing to “parole” immigrants in the U.S. who must report to Immigration and Customs Enforcement.
With the lawsuit filed Thursday, Florida is trying to encourage the Biden administration — Homeland Security Secretary Alejandro Mayorkas and other federal officials — to explain how their latest immigration plan does not violate that March ruling.
Wetherell forced a response from the federal government, suggesting that “DHS appears to be preparing to defy the court’s order,” noting that the new policy is “nearly identical” to the policy the court vacated months ago.
But attorneys for the Biden administration disagree, arguing that there are “significant differences” between the two policies — specifically that “parole is granted less time and the policy focuses even more heavily on ensuring the health and safety of individuals.” They supported the federal government’s response to immigration, asking the judge to allow a hearing before making a decision and to issue a temporary injunction if he rules.
“DHS is using all available authority to address the expected surge of immigrants, but its available personnel and facilities to securely process and issue documents charging to register the number of new arrivals are limited,” wrote the Biden legal team, including Brian Boynton, Principal Deputy Assistant. Attorney General. “In the face of an imminent crisis, DHS must use all statutory powers granted by Congress to process immigrants, including parole.”
Florida, along with other Republican-led states such as Texas, has strongly criticized the immigration policies pursued by the Biden administration. DeSantis, who is expected to run for president, has offered to create a controversial migrant relocation program that resulted in the state flying nearly 50 immigrants from Texas to Martha’s Vineyard last September.