HomeNewsJudge Halts Biden Admin From Releasing Illegal Migrants Without Setting Court Dates

    Judge Halts Biden Admin From Releasing Illegal Migrants Without Setting Court Dates

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    The White House reacted angrily on Friday after a federal judge on Thursday blocked the Biden administration from implementing a policy that would have allowed migrants to be released without court dates, just hours before the Title 42 public health order expired.

    Fox News reported that Trump appointee Judge T. Kent Wetherell II issued a two-week restraining order against President Joe Biden’s policy that would see migrants released on “parole with conditions.”

    In cases where Customs and Border Protection (CBP) encounters overcrowding, according to a recently issued Border Patrol memo, migrants may be allowed entry into the country on parole, a process typically reserved for cases involving urgent humanitarian reasons or significant public benefit. This practice, known as “parole with conditions,” requires migrants to make an appointment with Immigration and Customs Enforcement (ICE) or request a Notice to Appear by mail.

    “Under a parole release, migrants are rapidly released into the country, do not get an alien registration number and do not receive a court date,” Fox News noted, adding:

    If sector capacity exceeds 125%, if agents apprehend 7,000 per day for more than 72 hours, or if average time in detention exceeds 60 hours, parole will be permitted. Since Monday, agents have encountered over 10,000 migrants per day, and there are no indications of a slowdown despite the impending end of Title 42, which is expected to bring an even larger influx.

    Since March 2020, both the Trump and Biden administrations have utilized Title 42 to expeditiously return millions of migrants at the southern border due to COVID-19. Due to the fact that the end of the order coincided with the end of the COVID-19 national emergency on Thursday evening, migrants have congregated to the border in hopes of being admitted into the country.

    Ashley Moody, the attorney general of Florida, filed a lawsuit against the implementation of the policy, arguing that it was essentially identical to the “Parole + ATD” (Alternatives to Detention) policy that the same judge had blocked in March.

    Wetherell’s agreed and accordingly issued his order.

    “…The Court has no trouble concluding that Florida has a substantial likelihood of success on the merits because the challenged policy appears to be materially indistinguishable from the Parole+ATD policy vacated in Florida—both in its purpose (reducing overcrowding at border patrol facilities) and manner of operation (releasing aliens into the country without first issuing a charging document placing them in immigration proceedings and simply directing the aliens to report to ICE within a specified period for further processing),” he said.

    Fox News added: “DHS had warned that blocking the use of parole has the potential to cause chaos at the border, and estimated that doing so would result in an overwhelming 45,000 migrants in custody by the end of May.”

    Wetherell, however, did not find the government’s argument persuasive.

    More on this story via Conservative Brief:

    “Putting aside the fact that even President Biden recently acknowledged that the border has been in chaos for ‘a number of years,’ Defendants’ doomsday rhetoric rings hollow because, as explained in detail in Florida, this problem is largely one of Defendants’ own making through the adoption and implementation of policies that have encouraged the so-called ‘irregular migration’ that has become fairly regular over the past 2 years,” he said. CONTINUE READING…

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