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Attorney General Moody Brings Multistate Action Against Biden’s Unlawful Federal Immigration Policies

Posted on Monday, April 4, 2022
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by Outside Contributor
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29 Comments

TALLAHASSEE, Fla.—Attorney General Ashley Moody is bringing a multistate action against President Joe Biden for failing to enforce federal immigration law. The attorneys general of Alabama and Georgia joined Attorney General Moody in a complaint for declaratory and injunctive relief, arguing that the president is failing to perform the duties required by Congress by continuing to operate under unlawful immigration enforcement priorities. Under these priorities, the Biden administration is refusing to detain and deport criminals in the country illegally—directly contrary to federal law.

The immigration enforcement priorities are also contrary to precedent set by presidents of both political parties. As Obama administration Solicitor General Donald Verrilli recognized, “Congress has told the Department of Homeland Security that it has to prioritize the removal of criminal aliens.”

Attorney General Ashley Moody said, “The Biden administration’s refusal to deport criminals here illegally after they complete 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 fighting these unlawful immigration policies until the president is forced to do his job and secure the southwest border.”

The immigration priorities, as is nearly every immigration policy from the Biden administration, are designed to weaken border security. Through multiple acts of legislation, Congress instructed the executive branch to arrest, detain and remove criminal aliens due to concerns that those who are not detained continue to engage in crime and fail to appear for removal proceedings.

The complaint filed by Attorney General Moody states: “The Biden Administration seeks to ‘dispense with’ these acts of Congress. It claims the discretion to decide…which aliens should be arrested, detained and removed, even if its policy preferences directly conflict with the clear commands of Congress. And it has used the claimed discretion to allow illegal immigrants guilty of drug trafficking, burglary and other serious crimes to return to our communities upon release from state custody rather than arresting and removing them as federal law requires.”

Thus, Florida argues that Biden’s new immigration priorities are contrary to law because, as the Supreme Court has held, immigration officials “must arrest those aliens guilty of a predicate offense.”

The policy is also arbitrary and capricious. The Biden administration displayed no awareness that the memo changes a longstanding position of the federal government, nor does the memo consider the substantial costs imposed on the states by ignoring the law.

States bear many of the consequences of unlawful immigration. According to the complaint, “Plaintiffs spend more than $100 million per year incarcerating illegal immigrants who commit crimes within their borders. They will spend more because of the criminals the Biden administration is releasing instead of arresting, detaining and removing…especially given the high recidivism rates among released prisoners. Plaintiffs will also expend more resources on the supervised release of aliens.”

The complaint asks the court to hold the immigration priorities unlawful, issue permanent injunctive relief prohibiting the Biden administration from enforcing the policy and compel the Department of Homeland Security to comply with the law.

The states of Alabama and Georgia are joining Florida in the action that is filed in the United States District Court in the Northern District of Alabama.

To view the full complaint, click here.

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DonS
DonS
2 years ago

Biden = Big Idiotic Democrat Enrages Nation

KELLY J MARTIN
KELLY J MARTIN
2 years ago

It would be fantastic if other states join this lawsuit to hold accountable this administration that has no regard for the laws of the United States of America.

John
John
2 years ago

It is about time someone has the guts to stand against the empty nut shell in our white house and all those pulling his strings. Every one of the should have a home in GITMO.

The Armstrong Family
The Armstrong Family
2 years ago

Send this article to all other state attorney generals and ask them to be part of the force needed to stop the president’s mis Dutys. He must correct this because Kamala is waiting for her chance if not. And we know how that will come out!

Joanne 4 justice.
Joanne 4 justice.
2 years ago

Many other states need to take action! HUMAN TRAFFICKING MUST BE STOPPED!!!!!!!

Lowell
Lowell
2 years ago

I am skeptical this will do much good. The WH will ignore, stonewall, or only move slothfully until his term is up. If the court rules in favor of the states, who will enforce the ruling against the Feds?

Luke
Luke
2 years ago

And, what will be accomplished? What can be done when the rule of law can be compromised by countless, irresponsible counter suits designed to delay justice. It’s the way Clinton, Pelosi and every communist dog does things: introduce measures that delay justice. Nothing gets done. Criminals avoid justice. And, the American taxpayer finances it all.

James P.
James P.
2 years ago

Republicans lose elections when they STOP doing what they promised. Democrats lose elections when they DO what they promised (usually).

Carl S
Carl S
2 years ago

What took so long? It’s been going on for over 14 months of free border entry. How much longer until the courts make a decision. How could so many people, be so stupid, to vote for this idiot.

Vietvet6769
Vietvet6769
2 years ago

Finally!

M.Bares
M.Bares
2 years ago

. . . and bus loads of single male immigrants are driven to different states without approval from the state governments. This administration slithers like a snake down a path of destruction. Breaking the law everyday right in front of law abiding Americans. Finally . . . yes, finally someone is trying to do something unlike our spineless Republicans in office. Good luck, and how long will this take?

Judy K.
Judy K.
2 years ago

So, there’s only two other states Attorney’s General joining in the fight?? Are the others in Red states Rinos?? Need to get citizens up in arms about their states participating in this or this Attorney General and the TWO others doing this, their efforts will be stalled and shoved in a deep closet somewhere!!
I’m grateful for anyone who has the stones to take action against this traitorous government. And isn’t THAT the real issue here?? Why aren’t more of the people we actually voted for doing their CONSTITUTIONAL DUTY and arresting every Progressive responsible for stealing our election; starting with Nancy Pelosi, Joe Biden, Kamala Harris, Chuck Schumer, Adam Schiff, Jerry Nadler, and that would be a good beginning! They’ve ALL been caught lying to us through the airways and media. Colluding with the FBI, which James Comey should also pay, in trying to take down a duly elected President of the United States!! THIS is what our elected leaders need to be doing!! They swore to uphold our Constitution and protect the citizens of this country! In it, it tells us, the citizens of this country, that we can form Militias in the event that our own government commits treason against us!! I think this country was lost some 30 years ago….and that’s what the Progressives have counted on.

God in heaven please help our country get back on track; and the only way it can do that is get back to serving you Lord. In Jesus name, Amen.

DonS
DonS
2 years ago

Biden = Big Idiotic Democrat Enrages Nation

KELLY J MARTIN
KELLY J MARTIN
2 years ago

It would be fantastic if other states join this lawsuit to hold accountable this administration that has no regard for the laws of the United States of America.

John
John
2 years ago

It is about time someone has the guts to stand against the empty nut shell in our white house and all those pulling his strings. Every one of the should have a home in GITMO.

The Armstrong Family
The Armstrong Family
2 years ago

Send this article to all other state attorney generals and ask them to be part of the force needed to stop the president’s mis Dutys. He must correct this because Kamala is waiting for her chance if not. And we know how that will come out!

Joanne 4 justice.
Joanne 4 justice.
2 years ago

Many other states need to take action! HUMAN TRAFFICKING MUST BE STOPPED!!!!!!!

Lowell
Lowell
2 years ago

I am skeptical this will do much good. The WH will ignore, stonewall, or only move slothfully until his term is up. If the court rules in favor of the states, who will enforce the ruling against the Feds?

Luke
Luke
2 years ago

And, what will be accomplished? What can be done when the rule of law can be compromised by countless, irresponsible counter suits designed to delay justice. It’s the way Clinton, Pelosi and every communist dog does things: introduce measures that delay justice. Nothing gets done. Criminals avoid justice. And, the American taxpayer finances it all.

James P.
James P.
2 years ago

Republicans lose elections when they STOP doing what they promised. Democrats lose elections when they DO what they promised (usually).

Carl S
Carl S
2 years ago

What took so long? It’s been going on for over 14 months of free border entry. How much longer until the courts make a decision. How could so many people, be so stupid, to vote for this idiot.

Vietvet6769
Vietvet6769
2 years ago

Finally!

M.Bares
M.Bares
2 years ago

. . . and bus loads of single male immigrants are driven to different states without approval from the state governments. This administration slithers like a snake down a path of destruction. Breaking the law everyday right in front of law abiding Americans. Finally . . . yes, finally someone is trying to do something unlike our spineless Republicans in office. Good luck, and how long will this take?

Judy K.
Judy K.
2 years ago

So, there’s only two other states Attorney’s General joining in the fight?? Are the others in Red states Rinos?? Need to get citizens up in arms about their states participating in this or this Attorney General and the TWO others doing this, their efforts will be stalled and shoved in a deep closet somewhere!!
I’m grateful for anyone who has the stones to take action against this traitorous government. And isn’t THAT the real issue here?? Why aren’t more of the people we actually voted for doing their CONSTITUTIONAL DUTY and arresting every Progressive responsible for stealing our election; starting with Nancy Pelosi, Joe Biden, Kamala Harris, Chuck Schumer, Adam Schiff, Jerry Nadler, and that would be a good beginning! They’ve ALL been caught lying to us through the airways and media. Colluding with the FBI, which James Comey should also pay, in trying to take down a duly elected President of the United States!! THIS is what our elected leaders need to be doing!! They swore to uphold our Constitution and protect the citizens of this country! In it, it tells us, the citizens of this country, that we can form Militias in the event that our own government commits treason against us!! I think this country was lost some 30 years ago….and that’s what the Progressives have counted on.

God in heaven please help our country get back on track; and the only way it can do that is get back to serving you Lord. In Jesus name, Amen.

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