Legal Insurrection by William A. Jacobson Saturday, June 11, 2022
Judge Orders Biden Admin To Obey Law Requiring Taking Convicted Criminal Aliens Into Custody, Not Letting Them Roam Free
Administration policies refusing to take into custory illegal aliens convicted of crimes or final orders of removal were “contrary to law, are arbitrary and capricious, [and] failed to observe the requisite procedure.”The destruction of immigration enforcement by the Biden administration is deliberate. It’s time people stop referring to Biden’s immigration incompetence; the people staffing the Biden bureaucracy are very competent at damaging our sovereignty and public safety.
A case brought by Texas and Louisiana to force the Biden administration to enforce existing immigration laws proves the point, again. The lawsuit sought to force the administration to obey the law requiring that illegal aliens convicted of felonies or subject to final orders of removal be taken into federal custody rather than allowed to roam free. Biden administration policy rejected that. Think about that, the Biden administration wants to let illegal aliens convicted of felonies to roam free rather than obey the law.
As with past non-enforcement of immigration laws by the Obama administration, the Biden administration tried to hide behind notions of prosecutorial discretion and prioritization to justify policy changes contrary to law.
The case is Texas v. United States, filed on April 6, 2021. (That’s right, over a year ago.) Here is an excerpt from the Amended Complaint:
1. The Biden Administration is refusing to take custody of criminal aliens despite federal statutes requiring it to do so. Instead, Defendants have issued and implemented a series of unlawful agency memoranda that allow criminal aliens already convicted of felony offenses to roam free in the United States. Such aliens belong in federal custody, as Congress required.
2. When the Texas Department of Criminal Justice (“TDCJ”) incarcerates an alien already convicted of a felony criminal offense, it informs U.S. Immigration and Customs Enforcement (“ICE”). If, pursuant to federal law, the alien should be removed from the United States when his sentence expires, ICE can send TDCJ a detainer request. Upon receiving such a request, TDCJ will hold an alien instead of releasing him into the community.
3. But since the inauguration, the Biden Administration has rescinded at least 150 detainer requests previously issued to TDCJ, and ICE has declined to take custody of dangerous criminal aliens that it had previously sought.
4. In Louisiana, an alien convicted of a felony criminal offense may be held in a State prison operated by the Louisiana Department of Public Safety and Corrections (“LDPSC”) or may be held pursuant to an agreement with the State in a local Parish prison. Upon receiving an ICE detainer request, the LDPSC or the local Sheriff will hold an alien pending retrieval by ICE instead of releasing him into the community. The Federal Government also operates federal detention facilities in Louisiana, where federal detainees are held pending removal and thereafter deported. ICE also has a Field Office in New Orleans, Louisiana, where decisions are made and policies are implemented resulting in the failure to remove illegal aliens subject to mandatory removal. Upon information and belief, ICE is not removing individualssubject to mandatory deportation, causing individuals in facilities in Louisiana to be released in local communities in Louisiana.
More:
https://legalinsurrection.com/2022/06/judge-orders-biden-admin-to-obey-law-requiring-taking-convicted-criminal-aliens-into-custody-not-letting-them-roam-free/
