States Battle Biden Administration In Court For Failing To Deport Criminal Illegal Aliens

( The Biden administration is facing court action from various states for its role in not deporting illegal aliens.

Recently, the attorneys general from 16 states formed a coalition that will support a lawsuit that was brought by Louisiana and Texas over the Biden administration’s failures with regard to immigration. They say the federal government isn’t enforcing immigration laws that Congress passed, and they’re allowing swarms of illegal immigrants to cross the southern border.

The coalition won the first round in court, with the U.S. District Court for the Southern District of Texas ruling in their favor. The Biden administration then appealed that ruling to the Fifth Circuit, and also requested the U.S. Supreme Court to stay the lower court’s ruling. The Supreme Court denied that request, though.

Right now, the case is pending with the Fifth Circuit. That encouraged the attorneys general to file their recent amicus brief. In it, they say their states “continue to suffer ongoing irreparable harm caused” by the federal government’s “unlawful actions.”

The Department of Homeland Security issued new guidance in January that revised the policies for deportation and reduced the priorities for enforcement. Just one month later, Immigration and Customs Enforcement prioritized deportations for only those people who posed a threat to national security.

Because of that last change, agents with ICE weren’t able to deport people who were convicted of “drug-based crimes (less serious offenses), simple assault, DUI, money laundering, property crimes, fraud, tax crimes, solicitation or charges without convictions.”

That language was put into an email by Tae Johnson the director of ICE, and sent to senior officials within the department.

Following those changes, Law Enforcement Today reported that deportations were estimated to drop by 80%.

A Washington Post article reported that ICE officers arrested 93,000 people in 2020, and those people had more than 374,000 pending charges or criminal convictions on their records. The Post report suggested between 10% to 20% of those arrests “appear to be the kind of aggravated felony convictions that would make them a priority under Biden’s rules.”

This is what has angered the states of Louisiana and Texas, and the other 16 whose attorneys general filed a brief in the case. The recent brief argued:

“[The Biden administration’s] brazen defiance of legal requirements underscores the need for this Court to act quickly and forcefully to break the Administration’s escalating pattern of contempt for the rule of law. That disrespect is apparent both in this case, and is also particularly apparent from its recent unlawful extension of the eviction moratorium and refusal to abide by legal obligations to consider impacts on States and local governments.”

This case is ongoing in the Fifth Circuit. At the same time, similar cases are making their way through the Ninth and Eleventh Circuits, and they are backed by the states of Montana, Florida and Arizona.

The Biden administration is going to have to answer for all these recent immigration and deportation changes.