Stunning DHS Disclosure Reveals How Screwed Up Biden’s Release Policies Are
It hasn't complied with the law for a tiny group of migrants under a judge’s microscope — so what’s it doing with the other two-million-plus aliens it’s released?
By Andrew R. Arthur on July 20, 2023
Credit the inestimable immigration reporter Stephen Dinan for uncovering a stunning DHS court disclosure, specifically the declaration of Daniel Bible, deputy executive associate director at ICE’s Enforcement and Operations (ERO) unit (i.e., the number-two official responsible for finding and removing illegal aliens in the United States), in Florida v. Mayorkas. Bible plainly drew the short straw when he agreed to sign off on what is a rare window into just how screwed up the Biden administration’s border release policies are.
Florida v. U.S. (Florida I). To briefly set the stage for the Bible declaration, you must go back to a complaint filed by the state of Florida in September 2021, in a case captioned Florida v. U.S. (which I call Florida I because there's another Florida v. U.S. case, which I call Florida II; see below). It alleged therein 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, directly resulting in fiscal harm to the state.
On March 8, after more than a year of argument and discovery in Florida I, Judge T. Kent Wetherell II issued an opinion largely agreeing with the state’s claims.
Judge Wetherell’s order explicitly vacated a DHS policy called “Parole+ATD”, under which Border Patrol agents were directed to release illegal migrants on “parole” under section 212(d)(5)(A) of the INA with “alternatives to detention” (ATD), without issuing them Notices to Appear (“NTAs”, the charging documents in removal proceedings) or giving them hearing dates.
https://cis.org/Arthur/Stunning-DHS-Disclosure-Reveals-How-Screwed-Bidens-Release-Policies-Are
