Game on: Texas, Louisiana attorneys general sue Biden administration over refusal to enforce immigration law

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AUSTIN, TX- Let’s call this one Return of the Jedi.

After the “Empire”—otherwise known as the Biden administration—overturned Trump era immigration policies which has since led to chaos at the border, the Republican attorneys general of Texas and Louisiana have filed suit against the administration.

The AG’s suing over a policy change whereby federal immigration officials no longer seek custody and deportation of foreign nationals who are finishing jail sentences for criminal charges, The Hill reported.

 

On Tuesday, Texas Attorney General Ken Paxton announced the suit, accusing the administration of “endangering Texans” by refusing to order the automatic immigration detention of illegal aliens who have committed criminal offenses.

The case is Texas v. United States, No. 6:21-CV-00016 filed in the U.S. District Court for the Southern District of Texas.

“President Biden’s outright refusal to enforce the law is exacerbating an unprecedented border crisis. By failing to take custody of criminal aliens and giving no explanation for this reckless policy change, the Biden Administration is demonstrating a blatant disregard for Texans’ and Americans’ safety,” Paxton said in a statement.

Paxton is one of a number of Republican attorneys general who have challenged the Biden administrations absurd immigration policies in court.

According to Breitbart News, Department of Homeland Security (DHS) officials in February announced a policy change which in effect turned the entire United States into a “sanctuary country.”

These policies prevent Immigration and Customs Enforcement (ICE) agents from arresting and deporting an estimated 9 out of 10 illegal aliens who would have otherwise been deported.

Those policies mandate that ICE prioritize arrest and deportation only for illegal aliens recently convicted of aggravated felonies, were known terrorists or known gang members.

Such a policy is of course absurd, since an illegal could have been arrested for numerous aggravated felonies, yet since they weren’t found guilty, they would be free to walk.

That has resulted in a number of illegal alien felons being unleashed on the streets of the United States at a time when crime rates are already exploding.

DHS issued a memorandum on January 20, in which the agency established “interim enforcement priorities,” Fox News reported.

Those “priorities” included those who pose a national security risk, those who entered the U.S. after Nov. 1, and those convicted of an aggravated felony.

The Biden administration claims the new guidance would make the agency “more efficient,” yet does not exclude other illegal aliens from deportation. That has seemingly not been the case, however.

Prior to the suits by Texas and Louisiana, Florida, Montana and Arizona have already filed lawsuits against the Biden administration, with Florida Gov. Ron DeSantis (R) directing state agencies to alert local law enforcement authorities every time a criminal illegal alien is released into their cities and towns.

Louisiana Attorney General Jeff Landry joined Texas in filing suit against the administration, in particular DHS.

The lawsuit states:

“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 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.

“Federal law requires Defendants to take custody of many criminal aliens, including those with final orders of removal, those convicted of drug offenses, and those convicted of crimes of moral turpitude. By refusing to take these criminal aliens into custody, Defendants have disregarded non-discretionary legal duties.”

In a statement, Landry said, “The President’s refusal to enforce the law only worsens an already dire border crisis. Law and order must prevail; dangerous and violent criminal aliens must not be allowed to roam free in our communities.”

In seeking a remedy, the lawsuit asks a federal judge to rule the Biden administration policies violate the Administrative Procedure Act and federal immigration law.

They also allege that DHS is in violation of its duty under a legally binding agreement to consult with those states prior to changing these types of policies. Finally, the lawsuit argues that Biden’s policy changes are unconstitutional.

The lawsuit seeks to have a judge force the Biden administration to cease enforcing the order, and to rule they are in violation of federal immigration law.

In the case of Florida, the state addressed seven cases where convicted illegal alien felons, who had been incarcerated for crimes such as burglary, cocaine trafficking, grand theft auto, heroin trafficking, credit card fraud and money laundering had been released into the community, or were in the process of being released, courtesy of Biden.

The border crisis has turned into a bit of an embarrassment for the Biden administration, although they clearly do not appear to be taking it seriously. A couple of weeks ago, Biden appointed Kamala Harris to oversee the border situation, but neither she nor Biden have been near the border.

On Monday, Tennessee Sen. Bill Hagerty (R) urged Biden to increase funding for ICE, not defund the agency has been demanded from the far-left fringe of the Democrat party.

Moreover, Arizona Attorney General Mark Brnovich suggested Harris visit the border and actually witness “firsthand” what is occurring there.

He probably shouldn’t hold his breath waiting.

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Biden’s open borders policies are causing a number of issues for law enforcement, and is also creating a migrant crisis at the border. They are also allowing criminals back into the country unabated. 

For more on that, we invite you to:

DIG DEEPER

WESTCHESTER, NY– In an exclusive interview with James O’Keefe, founder and CEO of Project Veritas, an insider from U.S. Customs and Border Protection (CBP) shared corroborated leaked government documents showing that criminal illegal immigrants with sex-related offenses are attempting to re-enter the United States in “record numbers” during the COVID-19 pandemic.

According to Project Veritas, the CBP insider was referring to materials that leaked from their parent agency, the Department of Homeland Security (DHS).

The documents allegedly show the exponential rise in “encounters with criminal aliens with sex-related offenses during the COVID-19 pandemic.” During the interview with O’Keefe, the insider confirmed that the spike represents a five-year high.

The leaked DHS documents read, in part:

“There were 214 sex offender encounters from October 2020 through February 2021. These five months already represent the highest total of recorded encounters compared to the previous five fiscal years.”

The insider commented by saying:

“An encounter is an arrest. It’s extremely inaccurate and possibly underreported because sometimes we don’t know about their (illegal immigrant) criminal history or if they’ve been caught.”

He added:

“We’ve witnessed the aftermath of some sexual assaults at the border and have arrested or rescued illegal aliens that had been raped.”

The insider proceeded to share and describe a brutal scene near the border where some men were raped for refusing to act as human drug mules. The insider said:

“One time a couple years back, there was some men that had been raped and tied to the fence because they wouldn’t carry drugs. There’s a lot of sexual assaults going on.”

He added:

“There was one guy, he got caught with a notebook where he would write in every sexual thing he did with a girl. What they did, who they were, their name, age.”

The insider spoke about his worst fears; if the crisis at the border remains unchecked. He said:

“Finding dead children. I don’t…dead children in the middle of the desert is something I don’t want to deal with.”

He added:

“I’ve seen deaths. A 19-year-old girl fell off the fence, hit her head and died in my arms while I was giving first aid.”

Reuters reported on a fact check regarding the decision back in February to cancel Operation Talon, a U.S. Immigration and Customs Enforcement (ICE) initiative aimed at deporting sex offenders living in the United States illegally.

About a month into President Joe Biden’s administration, news circulated on social media that Biden had canceled Operation Talon.

However, according to Reuters, DHS told them that the operation was not canceled, but rather it was postponed. Reuters also reported that the logistical decision to do so was made by ICE operators, not the president. A senior ICE official reportedly said:

“The Biden administration had nothing to do with that decision.”

Speaking on the condition of anonymity to discuss internal matters, the official added:

“They had not heard about the operation, but that it was possible that career staffers had planned it and set it aside while awaiting new instructions from the Biden team.”

WCIV ABC News4 reported that a coalition of 18 state attorney generals signed a letter “urging Biden’s administration to reverse their cancellation of Operation Talon.” The letter, written by Missouri Attorney General (AG) Eric Schmitt stated:

“The ill-devised decision to cancel Operation Talon threatens to empower sexual predators to victimize women and children in American and to exacerbate the tragic crises of sexual assault and sex trafficking among migrant and immigrant communities.”

The letter also stated:

“An increasing number if illegal aliens are entering the United States after having been previously convicted of sexual offenses. Based on available data, in 2017, one percent of illegal aliens arrested by U.S. Border Patrol had prior convictions for sexual offenses. In 2020, that number rose to six percent.”

The letter added:

“In addition to failing to protect America’s children and other victims from sexual predation, canceling Operation Talon will have other vicious effects as well. The cancellation of this program effectively broadcasts to the world that the United States is not a sanctuary jurisdiction for sexual predators.”

The letter was signed by:

Schmitt, AG Steve Marshall of Alabama, AG Todd Rokita of Indiana, AG Leslie Rutledge of Arkansas, AG Derek Schmidt of Kansas, AG Ashley Moody of Florida, AG Daniel Jay Cameron of Kentucky, AG Chris Carr of Georgia, AG Jeff Landry of Louisiana, AG Lynn Fitch of Mississippi, AG Jason Ravnsborg of South Dakota, AG Austin Knudsen of Montana, AG Ken Paxton of Texas, AG Douglas Peterson of Nebraska, AG Sean Reyes of Utah, AG Mike Hunter of Oklahoma, AG Patrick Morrisey of West Virginia, and AG Alan Wilson of South Carolina.

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