Judge Blocks Biden’s Attempt to Halt Certain ICE Deportations

A federal judge ruled earlier this week against the Biden Admin.’s attempt to halt certain criminal alien deportations made by ICE; the suit was initially brought by the Attorneys General of Arizona, Ohio, and Montana.

Southern District of Ohio Judge Michael Newman noted in his order:

The States sue because they believe DHS skirted Congress’s immigration enforcement mandates when it issued a policy that prioritizes certain high-risk noncitizens for apprehension and removal.

DHS contends that seemingly mandatory statutes must be read flexibly to permit efficient law enforcement. At bottom, that is what this dispute is about: can the Executive displace clear congressional command in the name of resource allocation and enforcement goals? Here, the answer is no.

Judge Newman also denied the DHS’s request to dismiss the case, deciding instead to grant a preliminary injunction on the Biden Admin.’s deportation rule, which greatly limited the work of U.S. immigration enforcement officers.

The Biden Admin. began to dismantle the U.S. immigration enforcement system almost immediately after the president’s inauguration. In January 2021, DHS Acting Secretary David Pekoske ordered the department to prioritize civil immigration enforcement measures on those posing risks to national security, border security, and public safety.

DHS Secretary Alejandro Mayorkas issued a similar memo in September 2021, encouraging “discretion” when it comes to immigration enforcement. The Secretary added, “The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them. We will use our discretion and focus our enforcement resources in a more targeted way. Justice and our country’s well-being require it.”

Arizona AG Mark Brnovich argued that the decision was a “tremendous victory” in a statement made to the Daily Caller News Foundation, adding;

Since assuming office, the Biden administration has undermined our immigration laws and our law enforcement agencies, while empowering dangerous cartels and criminals on both sides of the border. I’m grateful for this ruling and for the partnership of Ohio and Montana as we work to reverse this catastrophic lawlessness.

Montana AG Austin Knudsen made similar statements, adding that he hopes the Biden Admin. “will follow the court order and start following the law when it comes to deportations, particularly for those illegal aliens who have prior criminal convictions.”

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