Last week Alabama Attorney General Steve Marshall sued the Biden administration over claims it is ignoring immigration law that requires the federal government to arrest detain and deport foreign nationals in the U.S. illegally.
The lawsuit alleges that the Biden administration’s immigration policy exceeds the authority of the Department of Homeland Security, is arbitrary and capricious, illegally bypassed notice and public commenting, and is unconstitutional.
The lawsuit, joined by both Florida and Georgia, was filed in the U.S. District Court for the Northern District of Alabama, and attempts to prevent immigration related agencies such as ICE and CBP from following Biden’s diktats on the issue now or in the future.
DHS Secretary Alejandro Mayorkas, Customs and Border Protection (CBP) Commissioner Chris Magnus, Acting Director of Immigration and Customs Enforcement (ICE) Tae Johnson, Director of U.S. Citizenship and Immigration Services (CIS) Ur Jaddou, their respective agencies, and the federal government are named as defendants.
AG Marshall released a statement on the matter saying, “The Biden administration cannot ignore the law, nor should it place American lives in jeopardy by allowing criminal aliens to escape the long arm of justice.”
Continuing his take down of Biden’s policies and depiction of why the lawsuit is so necessary, Marshall added that, “For more than three decades, a bipartisan majority of Congress has made law that the Executive Branch should arrest, detain, and remove all felon criminal aliens. Congress was justifiably concerned that deportable criminal aliens who are not detained continue to engage in crime and fail to appear for their removal proceedings in large numbers.”
“Congress intended that those arrested and ordered removed by an immigration judge were actually deported. What’s more, officials in previous administrations of both political parties have agreed that the U.S. Department of Homeland Security has to prioritize the removal of criminal aliens, and the United States Supreme Court has held that immigration officials ‘must arrest house aliens guilty of a predicate offense.'”
At issue is a new policy announced by Mayorkas that instituted sweeping changes to customs and immigration enforcement. Because it wasn’t challenged in court at the time, the policy went into effect November 29, 2021.
The AGs are asking the court to nullify the policy, and permanently prohibit DHS, CBP, ICE and CIS from following it. They
are seeking a permanent injunction to end “the Biden administration’s wholesale abdication of its statutory duties.” Doing so will “prevent the irreparable harm caused by the unlawful release of convicted criminals into their communities,” they argue.
They’re also asking the court to require the federal agencies to follow existing immigration law enacted by Congress.
While it remains to be seen if the lawsuit will prove effective in stopping Biden, it is certainly necessary. Under Mayorkas’ policy, illegals are no longer arrested for violating immigration law and are instead only detained if they pose a threat to national security or public safety, a radical change that has made if far easier for illegals to stay in the country.