Florida AG sues Biden admin to stop planned mass release of migrants as Title 42 ends

Florida argues the policy is too similar to a policy blocked by a judge in March

X: Florida Attorney General Ashley Moody is seeking a temporary restraining order to stop the mass release of migrants into the U.S. as the southern border is hit by a new wave of migrants ahead of the end of Title 42 -- arguing that it is too similar to a policy that was blocked by a federal judge earlier this year.

Moody, in a filing in the U.S. District Court Northern District of Florida, is arguing that a plan by the Department of Homeland Security to release migrants onto the streets if Customs and Border Protection (CBP) and NGOs are overcapacity is unlawful as it is too similar to the "Parole + ATD" policy enjoined by a federal judge in March

That policy saw migrants paroled into the U.S. and enrolled into Alternatives to Detention. A federal judge accused the government of "effectively turned the Southwest Border into a meaningless line in the sand and little more than a speedbump for aliens flooding into the country."

placeholderBut now, with the Title 42 public health order -- which allows for the rapid expulsion of migrants at the southern border due to the COVID-19 pandemic -- due to expire, there has been a fresh surge in migration which has overwhelmed authorities.

AS MIGRANT WAVE HITS THE BORDER, MAYORKAS SAYS IT WILL ‘TAKE TIME’ FOR RESULTS OF TITLE 42 PLAN TO BE REALIZED

Border

CIUDAD JUAREZ, MEXICO - MAY 10: Hundreds of migrants wait to cross the United States border before the Title 42 policy, which allows for the immediate expulsion of irregular migrants entering the country, comes to an end in Ciudad Juarez, Mexico on May 10, 2023. (Photo by David Peinado Romero/Anadolu Agency via Getty Images) (David Peinado Romero)

Fox News reported this week that officials in D.C. have authorized all Border Patrol sectors to begin "safe" mass releases of migrants to city streets if non-governmental organizations don't have the capacity to hold them.

A DHS spokesperson later confirmed the policy.

"As Republican and Democratic administrations alike have done in the past to protect the safety and security of Border Patrol agents and migrants in the event of severe overcrowding conditions, U.S. Border Patrol sectors may consider releasing certain migrants who have undergone strict national security and public safety vetting to continue their immigration processes," a spokesperson said. "This may include processing migrants for parole to reduce the amount of time they spend in custody."

"Each parole will be considered on an individualized case-by-case basis, and individuals who are released will be required to check in with Immigration and Customs Enforcement and undergo removal proceedings in immigration court. Individuals may be placed into an Alternatives to Detention program to ensure compliance, if deemed appropriate. The targeted use of parole will allow Border Patrol to focus its resources most effectively to quickly process and remove individuals who do not have a legal basis to remain in the country," the spokesperson said.

BORDER PATROL CLEARS WAY FOR MORE MIGRANT RELEASES TO CITY STREETS, SOURCES SAY

placeholderIn the request for a temporary restraining order, Moody’s office argues that the new policy "is materially identical to Parole + ATD."

"Florida seeks a temporary restraining order to preserve the status quo until the parties can brief motions for a preliminary injunction or to postpone the effective date of the new policy," the lawsuit states. "The Biden Administration’s behavior, if left unchecked, makes a mockery of our system of justice and our Constitution."

Ashley Moody speaking at a news conference

Florida Attorney Gen. Ashley Moody, who is spearheading an investigation into a holiday drag performance that allegedly exposed children to inappropriate content. (Andrew Harrer/Bloomberg via Getty Images)

In a related complaint Florida argues that "rather than seek a stay of the Court’s judgment in good faith, the Biden Administration plans to continue its game of whack-a-mole with Florida and with this Court by promulgating yet another unlawful policy." 

In a statement to Fox News Digital, AG Moody said the plan by the Biden administration is "unlawful" and "dangerous."

BIDEN ADMIN'S PLAN FOR MASS RELEASE OF MIGRANTS INTO US OUTLINED IN INTERNAL 2022 MEMO 

Here is what the border looked like as migrants gathered hours before the end of Title 42Video

"The gall of Biden to thumb his nose at a federal court order and proceed with an unlawful plan to allow what amounts to an invasion at our Southwest Border is not only unprecedented, it is dangerous," she said. "We have blown the whistle on Biden every step along his path to illegally dismantle our nation’s border security system—and even as the clock ticks down to the end of Title 42 we are taking action to force this administration to follow the law, secure the border and protect the American people."

The state argues that tens of thousands of migrants will be released until the new policy and some will likely make their way to Florida, meaning the state is affected by the move and has standing to challenge it.

placeholder"Florida will continue to expend funds on illegal aliens present in the State in the form of public education, incarceration costs for aliens who commit crimes, unemployment benefits, and emergency Medicaid," it argues.

The lawsuit also argues that the agency did not conduct a notice-and-comment period, which it says would be required for a new policy of this kind, and that it also violates statutory limits on parole which is granted only "for urgent humanitarian reasons or significant public benefit."


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