The lawsuit, filed in US District Court for the Ohio District, alleges that Homeland Security Secretary Alejandro Mayorkas’ policy that went into effect on November 29 prevents federal immigration officials from acting enforce immigration laws by restricting the deportation of immigrants living in the country illegally unless they encounter certain aggravating circumstances.
Complaints begin with arguments “This is a suit to enforce the background requirements of immigration
and administrative law.It then alleges that:
On September 30, 2021, in a brazen contempt for statutory orders of Congress, Secretary Alejandro Mayorkas – Secretary of the Department of Homeland Security (“DHS”) – announced a policy policy waives DHS’s mandate to enforce or enforce all immigration laws. Addendum A. Specifically, Respondent will no longer enforce immigration laws against movable aliens, including the execution of final orders for deportation, without a number additional aggravating circumstances, such as the individual’s participation in terrorism or espionage, despite statutory duties. As long as unauthorized aliens present in the United States before November 1, 2020, do not commit crimes related to terrorism and espionage, or do not pose a serious threat to public safety, they are not deported under this policy. And based on DHS data on the periods before and after the enactment of similar but less extensive, information and trust policies, a necessary consequence of DHS policy is that individuals will released into the community of the Claimant States.
The complaint goes on to argue that each state will be severely impacted by Biden’s limits on the number of illegal aliens that will be deported and gives an example of how that policy would harm other states. state.
The September 30 policy referred to in the complaint barricaded a range of “protected areas” where illegal arrests could not be made, including schools, medical facilities, churches offerings, social service facilities, emergency relief facilities, and funeral sites.
And that radical policy builds on an even more radical memo from Mayorkas in which he ordered ICE agents to give up arresting illegal immigrants just because they entered. illegal entry into this country. According to the new guidance issued by Mayorkas, the basis of the lawsuit, “As long as unauthorized aliens present in the United States before November 1, 2020, do not commit crimes related to terrorism and espionage or pose no serious threats to public safety, they will not be deported. ”
Referring to that radical change, the suit alleges that the so-called “Permanent Instructions” “represents the Administration’s attempt to unilaterally amend immigration laws that are applicable to the vast majority of foreign nationals who are movable or inadmissible in this country without a mandatory congressional act. . The Constitution and the controlling statutes prevent the executive from making such an appalling change to this country’s immigration law by executive legislation.. ”
Furthermore, the lawsuit argues that “The presence of these aliens in each State — who have
given ample opportunity to seek remedial protections — violating the quasi-sovereign interests of each State in its territory and the welfare of its citizens… Illegal policy also makes the State countries cost millions of dollars, as explained in more detail below. ”
Commentary on the matter led by Mayorkas, Montana AG Knudsen speak “Law enforcement officers in Montana are doing what they can to fight drug crime across the southern border, but we’re fighting an uphill battle until the Biden administration do their jobs and enforce immigration laws. It is dangerous policy for the President to attempt to release thousands of people into our community without considering their potential criminal history.”
https://smartzune.com/three-state-ags-sue-biden-over-the-limits-placed-on-deporting-illegals/ Three state representatives sued for exceeding limits set in deportation for violations of the law.