The Crucial Paragraph That Explains All of Biden’s Immigration and Border Policies
The dangers of the administration’s refusal to secure the border and enforce the law
By Andrew R. Arthur on June 14, 2023
As I recently explained, the Supreme Court is set to issue an opinion that will determine the extent to which DHS Secretary Alejandro Mayorkas may restrict ICE officers’ ability to investigate, arrest, detain, prosecute, and deport removable aliens (collectively known as “taking enforcement action”). One crucial paragraph in a memo that accompanied and implemented those restrictions explains the reasons for all the president’s immigration and border policies — and why his administration refuses to secure the border. In short, the administration thinks the law is unfair. That’s dangerous, and wrong.
Texas v. U.S. The case is Texas v. U.S., and at specific issue are restrictions Mayorkas has placed on ICE officers in taking enforcement action against certain criminal aliens notwithstanding two statutory requirements that mandate such aliens be detained.
One of those requirements is section 236(c) of the Immigration and Nationality Act (INA). It directs ICE officers to detain and hold any alien who is released from criminal custody if the alien has entered illegally and is removable on any of the criminal grounds of inadmissibility, or if the alien entered legally and is removable on all but one of the criminal deportation grounds.
The second is section 241(a) of the INA, which requires ICE to remove all aliens within 90 days after their removal orders have become final, and to detain them pending removal. For criminal aliens, release under that provision is even more restrictive: “Under no circumstance during the removal period shall [DHS] release an alien who has been found” inadmissible or deportable on criminal grounds.
https://cis.org/Arthur/Crucial-Paragraph-Explains-All-Bidens-Immigration-and-Border-Policies
