The Center Square – According to a federal court, Texas and Louisiana have successfully sued the Biden administration for releasing “criminal illegal aliens” into the United States instead of trying to deport them.
U.S. District Court Judge Drew Tipton vacated a memorandum issued by the Department of Homeland Security Alejandro Mayorkas, in favor of Texas and Louisiana. According to the judgment, Mayorkas’ policy was “arbitrary and capricious, contrary to law, and failing to observe procedure under the Administrative Procedure Act.” Tipton also turned down the administration’s other requests for relief.
The decision comes after a record number of violent criminals with cartel and gang ties were arrested by Texas law enforcement officials as part of Operation Lone Star.
A statement from Texas Attorney General Ken Paxton stated, “I just dealt Biden another massive defeat in fed cour.” When he said that DHS didn’t have to hold criminal illegals, he was trying to overturn decades of precedent. He must now, according to the court. I will always stand up for the rule of law and the Democratic Party.
“Joe Biden is more focused on abandoning our laws than enforcing them, and it’s clear he cares more about his radical-liberal ideology than the lives of hard-working Americans,” Paxton continued.
On Jan. 20, Mayorkas released an “interim guidance” affecting immigration policy, and on Feb. 18, an ICE memo substantially changed deportation policy, including restricting the filing of detainer petitions for dangerous criminal foreigners. Paxton, Landry, and others have filed lawsuits since then in response to his subsequent memoranda. There have also been decisions by judges who have said that the memorandums are unconstitutional since Congress created them.
In accordance with the new standards, only individuals who constitute a danger to national security, public safety, or border security will be removed from the country.
AGs claim that these people are not being detained, held, or removed from the country.
ICE is notified whenever state and local officials detain “an immigrant previously convicted of a felony criminal crime,” according to the lawsuit (ICE). If a person is in the United States illegally, Immigration and Customs Enforcement (ICE) must begin the process of deportation by submitting a detainer petition to state and local law enforcement. Instead of allowing them into the United States, state and local authorities are obligated to detain them.
According to a lawsuit filed by the Texas Department of Criminal Justice, the Biden Administration has revoked scores of detainer orders previously given to the agency.
Other states follow a similar procedure, but the federal government runs federal detention centers in Louisiana where criminal illegal immigrants are held awaiting removal while their deportation proceedings are underway. New Orleans Field Office “is not removing individuals subject to mandatory deportation, causing individuals in facilities in Louisiana to be released in local communities in Louisiana,” the lawsuit states.
The AGs say that the Biden administration is breaching the Immigration and Nationality Act, the Administrative Procedure Act, and binding agreements DHS signed with Texas and Louisiana by refusing to take them into custody.
He acknowledged that the case’s legal concerns are “varied and complicated,” but claimed the argument ultimately revolved around whether the Biden administration may order its personnel to perform in a way that clashes with a statute imposed by Congress.
“It may not,” he said.
ICE officers and sheriffs have launched a separate legal challenge against the deportation and arrest of criminal “illegal aliens.”
The administration of Vice President Joe Biden is likely to have an impact.
According to a DHS representative, the agency is currently evaluating the court decision and deciding the appropriate course of action.
The preceding is a summary of an article that originally appeared on Headline USA.