In a significant blow to the Biden administration, a three-judge panel of the 11th Circuit Court of Appeals denied the administration’s request to stay a lower court order that blocked the implementation of a policy allowing the release of migrants into the United States without court dates. This decision paves the way for the administration to make a final attempt to appeal to the Supreme Court.
The Department of Homeland Security (DHS) had argued in court that not issuing a stay would cause “irreparable” harm. However, the panel was not convinced, stating that DHS’s claims of impending disaster were questionable, given the department’s track record of overstating similar threats. The court pointed out that DHS had previously made dire representations about the consequences of vacating the Parole+ ATD policy, only to admit later that it had managed detention capacity using alternative tools.
This legal battle originated from a lawsuit filed by Florida Attorney General Ashley Moody, who challenged a border policy outlined in a Border Patrol memo. The memo allowed migrants to enter the country on parole, a process typically reserved for urgent humanitarian reasons or significant public benefit, if Customs and Border Protection faced overcrowding. Moody argued that this policy was materially identical to a previously blocked “Parole + ATD” policy.
Federal Judge T. Kent Wetherell II had issued a two-week restraining order on the Biden administration’s policy, which aimed to release migrants on “parole with conditions.” The administration had insisted that the releases were not mass releases but rather on a case-by-case basis. Nevertheless, media reports raised concerns about planned mass releases, leading to Moody’s legal action.
The recent decision by the 11th Circuit Court of Appeals comes shortly after Moody filed an amended complaint, expanding her arguments to include the continued release of migrants with court dates. Florida contends that the majority of migrant releases into the U.S. occur due to the Notice to Appear or Own Recognizance policy, and DHS has failed to explore alternative solutions such as reopening family detention or revisiting the Flores consent decree.
With the denial of the stay, the Biden administration now has the option to file an emergency appeal to the Supreme Court to halt the lower court’s decision. This critical legal battle highlights the administration’s persistent efforts to implement policies that some believe undermine immigration control and disregard the potential consequences of unchecked mass releases.
It remains to be seen how the Supreme Court will respond to the administration’s appeal and whether it will uphold the lower court’s decision or grant a stay. The outcome of this case will undoubtedly have far-reaching implications for immigration policy in the United States. Stay tuned for further developments as this story unfolds.
Source Fox News