Florida Judge Smacks Down Biden Stay Request
The administration’s either lying to the court or lying to us — and the former is a felony
By Andrew R. Arthur on May 16, 2023
As I explained in my last post, on May 11, U.S. district court Judge T. Kent Wetherell II issued a temporary restraining order (TRO) blocking the Biden administration from releasing illegal migrants en masse under its slapdash “Parole with Conditions” plan — which was issued the day before. That sent the administration back to Judge Wetherell on May 12 seeking a stay of an order he issued in a different case on March 8, which vacated the government’s nearly identical “Parole+ATD” plan. He quickly smacked that request down, deeming it “borderline frivolous”, and calling into question many recent White House claims.
Florida I. In September 2021, the state of Florida filed suit in the U.S. District Court for the Northern District of Florida in a case captioned Florida v. U.S. (“Florida I”).
The state alleged in its complaint that the administration was deliberately “ignoring” a congressional mandate in section 235(b) of the Immigration and Nationality Act (INA) that requires DHS to detain migrants who have crossed the Southwest border illegally. That, the state alleged, caused it fiscal harm.
At the time Florida filed that complaint, the mechanics of how the administration was releasing tens of thousands of migrants per month were not clear. Congress, which was controlled by the president’s fellow Democrats at the time, wasn’t interested, and DHS didn’t care to explain.
https://cis.org/Arthur/Florida-Judge-Smacks-Down-Biden-Stay-Request
