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 March 11, 2023

Federal judge finds Joe Biden's border policies to be unlawful

According to Fox News, this past week, a federal judge ruled that President Joe Biden's "Parole + ATD" program is unlawful. 

"ATD" stands for "Alternatives to Detention."

The New York Post explains:

Parole + ATD has been used by the Department of Homeland Security as an alternative to detaining migrants and releasing them with Notices to Appear that set a court date, a process that keeps migrants in custody much longer. Under Parole + ATD, migrants are fitted with ankle bracelets or subject to phone monitoring and told to check-in with immigration authorities when they reach their destination in the US.

The Biden administration, according to the Post, has been using "Parole + ATD" since 2021.

But, the program is now being legally challenged by the state of Florida, where over 100,000 migrants have been released by the Biden administration, placing a significant financial burden on the state.

Florida, in its lawsuit, argues that the Biden administration - in releasing illegal immigrants into the state - is violating statutes that require that migrants be detained, and Florida argues that the administration is doing so by the Parole + ATD and related "non-detention" policies.

The Biden administration disputes this, claiming that there it does not have an overarching "non-detention policy" and that it has the discretion to choose whether or not detain illegal aliens arriving in the U.S.

The judge in the case - Judge T. Ken Wethererell, an appointee of former President Donald Trump - has sided with Florida.

In his opinion, Wethererell writes:

The evidence establishes that Defendants have effectively turned the Southwest Border into a meaningless line in the sand and little more than a speedbump for aliens flooding into the country by prioritizing "alternatives to detention" over actual detention and by releasing more than a million aliens into the country — on "parole" or pursuant to the exercise of "prosecutorial discretion" under a wholly inapplicable statute — without even initiating removal proceedings.

Wethererell adds that "there is nothing inherently inhumane or cruel about detaining aliens pending completion of their immigration proceedings."

Now, we are waiting to see whether or not the Biden administration is going to file an appeal.

In the meantime, Florida Attorney General Ashley Moody (R) is celebrating the victory.

Moody released a statement, saying:

Today’s ruling affirms what we have known all along, President Biden is responsible for the border crisis and his unlawful immigration policies make this country less safe. A federal judge is NOW ordering Biden to follow the law, and his administration should immediately begin securing the border to protect the American people.

It's unlikely that this is going to happen. Under Biden's watch, 1.7 million illegal immigrants entered the U.S. in Fiscal Year 2021, 2.3 million entered in Fiscal Year 2022, and Fiscal Year 2023 may end up being the worse one yet.

Written By:
Robert Ayers

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