TALLAHASSEE, Fla. (WTXL) — Attorney General Ashley Moody announced legal action against the Biden administration Tuesday for ignoring federal immigration law.
Moody's lawsuit demands the Biden administration issue the required charging documents to arriving aliens and initiate removal proceedings.
Federal law states arriving immigrants, including those claiming asylum, are required to be detained while immigration courts determine if there is a valid basis to enter the United States.
U.S. Customs and Border Protection released over 225,000 people who crossed the southern border this year.
“Since President Biden took office—which has been less than one year—the Border Patrol has released nearly a quarter-million illegal aliens into the United States," DeSantis said during a press conference Tuesday. This executive order makes it clear that Florida resources will not be used to prop up the failed open border agenda enacted by this administration. Attorney General Ashley Moody has also filed a lawsuit against the Biden administration challenging its policy of catching and releasing the staggering number of illegal aliens apprehended at the border into the United States. We will continue to hold the federal government accountable for refusing to enforce the immigration laws of this country.”
According to reports by CBP, in the entire month of December 2020, Border Patrol released 17 migrants into the U.S. interior following detention and service of notices to appear. By August 2021, that number rose to more than 40,000 (in a single month)—and the total number of unlawful aliens released by the Biden administration to more than 225,000.
“The Biden administration’s brazen disregard for federal immigration law is jeopardizing the safety and security of our state and nation, all while costing Florida taxpayers," said Moody. "Biden’s lax border policy is an open invitation to dangerous criminals, human traffickers and drug traffickers to enter the United States—creating a crisis at the Southern Border like we have never seen. Because Biden is not requiring those crossing the border to go through the legally mandated channels, they are coming into our country without being properly processed.
Moody's lawsuit alleges the Biden administration claims its response to the border crisis is due to a "lack of resources and detention capacity to process the surge of migrants arriving at the border."
According to Moody, the Biden administration is actively eliminating measures like the Migrant Protection Protocols, also known as the wait in Mexico policy, that increase detention capacity.
“The federal government cannot simply ignore federal laws because it does not agree with them politically," Moody said. "The Biden administration must implement the immigration policy required under federal law and we are asking the court to take swift action to reduce the harm caused by Biden’s inaction.”
To view a copy of the filed complaint, click here.