Trump Judge Refuses To Dismiss Major Lawsuit Against Biden Administration

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OPINION: This article contains commentary which may reflect the author’s opinion

Former acting Homeland Security secretary Chad Wolf said Saturday on “Fox News Live” that he’s very concerned about the migrant surge and that there is no end in sight to the border crisis.

Wolf told the outlet:

I’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.

Republican lawmakers are sounding the alarm over the crisis.

Senator Bill Hagerty tweeted:

“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.”

And Rep. Jim Jordan posted:

“As many as 18,000 illegal aliens could cross the southern border daily once Title 42 is lifted. That’s [Sic] equates to roughly 6.5 million per year, which is more than the population of 33 states.”

One thing Americans have going for them as Biden and his socialist handlers purposefully destroy the fabric of America is that former President Trump was able to get many federal judges on the bench despite Democrat efforts to stop him.

Biden administration officials released about 836,000 illegal aliens and border crossers into the U.S. interior between February 2021 and March 2022.

In February, Florida Attorney General Ashley Moody sued President Biden’s Department of Homeland Security, claiming that the agency exceeded its authority by releasing illegal immigrants into the U.S., putting undue strain on states in the process.

Now, a federal district court judge appointed by former president Trump denied a request from the Department of Homeland Security to throw out the lawsuit against the administration of President Joe Biden for its Catch and Release policy, which allowed tens of thousands of border crossers and illegal immigrants into the country since January 2021.

Florida’s lawsuit had been requested by Biden’s DHS to be thrown out. The judge apparently rebuked the agency’s arguments and denied their request last week.

Wetherell is of the opinion that DHS must hold border crossers and illegal aliens while they await their immigration and asylum hearings in contrast to the Biden administration’s practice of immediately releasing them into the country.

According to Wetherell:

Here, the primary statutory provisions at issue are §§1225(b)(1)(B)(iii)(IV) and (b)(2)(A) and §1182(d)(5)(A). Defendants argues that §1225 affords it broad enforcement discretion to establish policies and priorities, including the option to decline to institute removal proceedings at all. Florida responds that the cited provisions of §1225 expressly require aliens to be detained until removal proceedings have concluded, and that §1182(d)(5)(A) does not authorize Defendants to circumvent the mandatory detention requirement as it is allegedly doing through the challenged policies. The Court agrees with Florida. 

The cited provisions in §1225 clearly and unambiguously state that aliens arriving at the border “shall be detained,” not that they may be detained. The word “shall” connotes a requirement or a command, rather than a suggestion or an opportunity for the exercise of discretion. The Supreme Court reached the same conclusion in Jennings when it stated that “§§1225(b)(1) and (b)(2) do not use the word ‘may’ [and] [i]nstead, they unequivocally mandate that aliens falling within their scope ‘shall’ be detained.”

Furthermore, Wetherell believes that Biden’s DHS is “at odds” with existing parole regulations that require foreign nationals to be paroled only for “urgent humanitarian reasons” or “significant public benefit.” The judge continued:

… it defies logic and common sense to suggest that there is no overriding policy against detaining aliens when hundreds of thousands have been paroled or otherwise released into the country, and it would be highly improbable (if not statistically impossible) for this to have resulted by happenstance from an ‘amalgamation’ of individual case-by-case decisions rather than a policy directive.

Texas brought a similar lawsuit against the Biden administration for terminating the program Remain in Mexico, which was heard by the Supreme Court last week.
According to DHS sources, they are currently providing “full service travel agency” services to those who cross the border and illegal immigrants. NGOs and the Department of Homeland Security work together to fly and bus border crossers and illegal aliens into American communities under the Biden administration’s Catch and Release policy.

“We’re aiding and abetting illegal entry to the United States,” the source claimed… “We’re using government cars to transport people to American towns. It’s working like an Uber service.”

For reference, the case name is Florida v. United States, No. 3:21-cv-01066 in the US District Court for the Northern District of Florida.

Source: The Republic Brief