Florida Attorney General Ashley Moody is expanding a court challenge against the Biden administration’s policy of releasing migrants into the interior without court dates, arguing that a separate policy of releasing migrants into the interior with a notice to appear in court is also illegal.
Moody successfully challenged the Biden administration’s “parole with conditions” policy, which involved releasing migrants into the interior due to overcrowding. The policy was implemented a day before the end of Title 42 last month when agents were facing historic numbers at the border. Department of Homeland Security (DHS) officials said they released nearly 9,000 migrants under the policy.
A federal judge accepted the argument that the policy was “materially identical” to a policy he blocked in March, where migrants were paroled into the U.S. and enrolled in Alternatives to Detention. The judge first imposed a temporary restraining order and later a preliminary injunction on the policy as arguments continue. After the ending of Title 42, the border has seen a sharp drop in encounters.
“Biden’s will to violate public-safety immigration laws and release massive amounts of illegal immigrants into the country knows no bounds,” Moody said Friday in a statement to Fox News Digital.
“After we beat Biden in federal court multiple times, his administration admitted to a new policy to skirt the law and release immigrants into the country. We are fighting back against this outrageous and unlawful Biden policy designed to further weaken our border security — making American’s less safe.”
Ending the release of migrants into the U.S. via an NTA could considerably change the current situation at the border by essentially requiring the Biden administration to detain the vast majority of illegal migrants at the border until they are deported — something some Republicans have argued is required by law.
The administration has said it is expanding legal pathways for migrants, while stiffening traditional Title 8 penalties for illegal crossings and also implementing an asylum rule that dramatically limits who can claim asylum. It has also called for Republicans in Congress to back a sweeping immigration bill and agree to its request for funding at the border.
Meanwhile, the administration has tied a recent drop in border crossings to its post-Title 42 plan, noting a 70% drop in encounters since the highs seen as the beginning of the month.