Judge T. Kent Wetherell II of the U.S. District Court for the Northern District of Florida issued an opinion in Florida v. U.S. this week, finding the Biden administration’s border release policies violate various sections of the Administrative Procedure Act (APA), and vacating those policies.
Under the parole statute, DHS may allow an inadmissible alien to enter the United States without being admitted, but DHS may parole such aliens “only on a case-by-case basis for urgent humanitarian reasons or significant public benefit”.
In FY 2022, CBP encountered nearly 2.4 million aliens at the Southwest border: 2.2 million-plus migrant apprehensions and just over 172,500 aliens deemed inadmissible at the ports.
After rejecting some of the state’s other arguments, the court turned to Florida’s claim that the administration’s Parole+ATD policy was contrary to law, arbitrary and capricious, and subject to notice and comment under the APA.
As the judge noted, however, “the entire purpose of the Parole+ATD policy is to expedite the processing of aliens at CBP facilities without initiating an immigration proceeding against them”, and therefore the alien has no removal “case” to return to.
Judge Wetherell found that the July parole memo, however, failed to mention the backlog, let alone explain why the problems it created outweighed any benefits from continuing Parole+ATD.
https://cis.org/Arthur/Federal-Judge-Vacates-Bidens-ParoleATD-Border-Release-Policy
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