An appointed federal judge by President Donald Trump announced legal action against the Biden administration for ignoring federal immigration law.

Attorney General Ashley Moody’s lawsuit demands the Biden administration issue the required charging documents to arriving aliens and initiate removal proceedings.

Arriving immigrants, including asylum seekers, are required by federal law to be detained while immigration courts evaluate whether they have a legal basis to enter the United States.

Over 225,000 immigrants who crossed the southern border this year were released by US Customs and Border Protection.

During a press conference, DeSantis said:

“Since President Biden took office—which has been less than one year—the Border Patrol has released nearly a quarter-million illegal aliens into the United States, This executive order makes it clear that Florida resources will not be used to prop up the failed open border agenda enacted by this administration. Attorney General Ashley Moody has also filed a lawsuit against the Biden administration challenging its policy of catching and releasing the staggering number of illegal aliens apprehended at the border into the United States. We will continue to hold the federal government accountable for refusing to enforce the immigration laws of this country.”

According to CBP reports, after detention and service of notices to appear, Border Patrol released 17 migrants into the U.S interior during the month of December 2020. That number had risen to more than 40,000 (in a single month) by August 2021, bringing the total number of illegal aliens freed by the Biden administration to more than 225,000.

“The Biden administration’s brazen disregard for federal immigration law is jeopardizing the safety and security of our state and nation, all while costing Florida taxpayers,” said Moody.

“Biden’s lax border policy is an open invitation to dangerous criminals, human traffickers and drug traffickers to enter the United States—creating a crisis at the Southern Border like we have never seen. Because Biden is not requiring those crossing the border to go through the legally mandated channels, they are coming into our country without being properly processed.”

The Biden administration contends that its reaction to the border crisis is due to a “lack of resources and detention capacity to process the increase of migrants coming at the border,” according to Moody’s lawsuit.

According to, U.S. District Judge T. Kent Wetherell II determined last week that the lawsuit can proceed:

The lawsuit alleges that the Biden administration has violated immigration laws through policies that have led to people being released from detention after crossing the U.S. border with Mexico. Also, it alleges that the releases affect Florida because of issues such as increased education, healthcare, and criminal-justice costs.

Justice Department attorneys raised a series of arguments in seeking dismissal of the case, including disputing a Florida contention that the Biden administration has a “non-detention” policy.

Moody stated that the Biden administration is actively eliminating measures like the Migrant Protection Protocols, also known as the wait in Mexico policy, that increase detention capacity.

“The federal government cannot simply ignore federal laws because it does not agree with them politically,” Moody said. “The Biden administration must implement the immigration policy required under federal law and we are asking the court to take swift action to reduce the harm caused by Biden’s inaction.”

Former DHS Secretary Chad Wolf highlighted increased worry over the Biden administration’s border enforcement policies, which are far more permissive than those of former President Donald Trump, over the weekend, the conservative reports.

Here’s what Wolf told Fox News:

’m very concerned, not only for the American people, but also for Border Patrol, who continues to be in a crisis now for 15 months, and they have no end in sight…at the end of the day, this administration doesn’t appear to want to actually solve this problem of this illegal behavior.

There’s no deterrent in any of the policies or processes that they are currently undertaking in responding to, Instead, they put out a six-point pillar plan to deal with Title 42 going away, and it’s simply processing more and more individuals into the country…until we get serious about making sure that we hold people accountable for breaking the law and removing individuals very quickly back to their home countries, that don’t have a legal right to be here…unfortunately, you’re going to continue to see historic numbers. We’re going to have historic numbers in April, and we certainly will have them in May as well.”

Earlier this month, Sen. Bill Hagerty (R-Tenn.) tweeted regarding Biden’s border policies.

“The Chinese Communist Party is in business with the major cartels down in Mexico to flood our country with fentanyl, and they’re killing our kids. We cannot afford to lift Title 42,”

Sources: Conservativebrief, Thecentersquare, Politico


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