Florida Attorney General Ashley Moody announced this week that it is filing a multi-state lawsuit against it President Joe Biden for failure to enforce federal immigration law.
The Attorneys General of Alabama and Georgia Joined Moody in a lawsuit for a declaratory judgment and injunctive relief, arguing that the President is failing to fulfill the duties required by Congress by continuing to operate under the priorities of illegal immigration enforcement. Among those priorities, the Biden administration refuses to illegally detain and deport criminals in the country — a direct violation of federal law, the attorneys general pointed out.
“The Biden administration’s refusal to illegally deport criminals here after they have served their sentences makes us all less safe. Biden’s lax immigration policies are exacerbating the opioid crisis, facilitating human trafficking and further jeopardizing overall public safety. As Attorney General, I will continue to fight this illegal immigration policy until the President is forced to do his job and secure the Southwest border,” Moody said.
“The immigration priorities, like almost every immigration policy of the Biden administration, are designed to weaken border security. Through several acts of legislation, Congress directed the Executive Branch to arrest, detain and deport criminal aliens over concerns that those who were not arrested would continue to commit crimes and fail to appear for deportation proceedings,” the Moody’s office said.
“The Biden administration is attempting to ‘waive’ these acts of Congress. It claims the discretion to decide which foreigners to arrest, detain and deport, even when their political preferences are in direct conflict with clear orders from Congress. And it has used its claimed discretion to allow illegal immigrants guilty of drug trafficking, burglary and other serious crimes to be returned to our communities after release from state custody, rather than arresting and removing them as federal law requires dictates,” Moody noted in compliance.
So Florida argues that Biden’s new immigration priorities are unlawful because, like the Supreme Court immigration officers are required to ‘detain those aliens who are guilty of a predicate offence,'” the Moody’s office noted. “Politics are also arbitrary and capricious. The Biden administration failed to show any awareness that the memo changes a longstanding federal government position, nor does the memo acknowledge the significant costs to states of flouting the law.
The complaint asks the court to declare the immigration priorities illegal, to issue a permanent cease and desist order baring the Biden administration from enforcing the policy, and to force the Department of Homeland Security to comply with the law.
The states of Alabama and Georgia are joining Florida in the lawsuit, which is being filed in United States District Court in the Northern District of Alabama.
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