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The Department of Homeland Security said on Saturday that it would follow a court ruling that broke the significantly narrower priorities of the Biden administration’s Immigration and Customs Enforcement Authority (ICE). I can hear its charm.
“The ministry strongly opposes the court’s decision to revoke the guidelines for the Southern District of Texas, but the DHS continues to appeal and will follow the court’s order,” the DHS said in a statement. ..
Earlier this month, Judge Drew Tipton of Texas invalidated the Biden administration’s memorandum, which severely limits the illegal immigrants that agents can arrest and deport. Tipton stayed for seven days, but has now expired and the administration is suing the ruling.
“During the appeal process, ICE agents and officers, based on their experience as law enforcement officers, make professional and responsible enforcement decisions on a case-by-case basis, with the best protection from the greatest threats. . Homeland. “
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The September memo, which consolidates the temporary guidance issued in February 2021, prioritizes agents to those with recent border crossers, national security threats, and certain “worse” felony. Limited to that.
“The fact that individuals are mobile non-citizens should not be the only basis for enforcement measures against them,” Homeland Security Secretary Alejandro Mallorcas said in a memo. “We use our discretion and focus on enforcement resources in a more targeted way. Justice and the well-being of our country need it.”
Under the policy Arrest and deportation plummeted.. In 2021, including the last few months of the Trump administration, ICE arrested 74,082 non-citizens and deported 59,011. Of the 74,082 arrests between October 2020 and October 2021, only 47,755 occurred after February 18, when the new priorities were implemented. Of the 59,011 deportations of the move, 28,677 were carried out after February 18.
In 2020, there were 103,603 arrests and 185,884 dismissals. In 2019, authorities arrested 143,099 illegal immigrants and deported 267,258.
Texas and Louisiana have filed proceedings over the memo, and Tipton agreed in a ruling that the government had insufficient coordination with federal law requiring detention in certain circumstances.
He said the government “provides an incredible build of federal law that flies in the face of restrictions imposed by Congress.”
“Sure, the government has the discretion to give up immigration control for a particular individual on a case-by-case basis,” he said. “But this case does not include individual decisions. Instead, the proceedings relate to rules that detain Homeland Security officials in a generalized and positive manner, all in parliamentary detention orders. It is in violation. ”
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Mr Tipton, as the government argues, government regulations do not merely provide guidance to agents, but instead “provide a new basis for avoiding foreigners being subject to immigration law enforcement. I will provide it. ” Therefore, this is a rule and is also subject to the Administrative Procedure Act (APA), and therefore certain conditions such as the duration of notices and comments apply.
In a statement, Louisiana Attorney General Jeff Landry said, “Judge Tipton confirmed that we have always insisted. Law and order must take precedence.” “The Biden administration can no longer allow dangerous and violent criminal aliens to roam freely in our community.”
Meanwhile, DHS Memo “On June 10, 2022, the US District Court for the Southern District of Texas issued a final judgment revoking Secretary Mallorcus’s Memorandum of Understanding Guidelines for Enforcement of the Civil Immigration Act of September 30, 2021 (Mallorcus Memorandum). Therefore, ICE will not apply or depend on the Mallorcus Memorandum in any way until further notice. “
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The court’s ruling showed the latest defeat of the Biden administration on immigration issues. Tipton himself previously blocked the proposed 100-day moratorium on deportation and last year’s previous ICE rules.
Similarly, the Biden administration was recently hit when a federal court in Louisana discontinued its attempt. End title 42 — A public health order in force at the beginning of the COVID-19 pandemic that has been used to expel the majority of migrants at the border. Last year’s administration was also ordered to re-implement the Trump Era Immigration Protocol (MPP), which turned out to be illegal. This is an issue currently being heard by the Supreme Court.