On Wednesday, The Epoch Times posted an article about a ruling byU.S. District Judge Judge T. Kent Wetherell regarding the Biden administration’s catch and release policy (which is really a simple release policy).
The article reports:
The federal government’s program of releasing many illegal immigrants rather than holding them until their cases are resolved violates federal law, a U.S. judge ruled on March 8.
“The evidence establishes that Defendants have effectively turned the Southwest Border into a meaningless line in the sand and little more than a speedbump for aliens flooding into the country,” U.S. District Judge Judge T. Kent Wetherell, a Trump appointee, said in the ruling.
Wetherell struck down Alternatives to Detention, a program through which President Joe Biden’s administration has released more than one million aliens into the U.S. interior.
Florida Attorney General Ashley Moody, a Republican, sued the government in 2021 over the policy, arguing the catch-and-release policy violated federal law.
Biden administration officials have claimed they had the discretion not to hold immigrants and that Florida lacked standing.
Under Supreme Court precedent, immigration officials have “broad discretion” in carrying out immigration laws, but must adhere to laws established by Congress. The Immigration and Nationality Act, one such law, states that immigrants who arrive at the border without proper documents are subject to quick removal without a hearing or review. Immigrants who claim asylum can have their claims heard but “shall be detained” until the claims are resolved.
The “shall be detained” wording “means what it says and that is a mandatory requirement,” Wetherell said in the new ruling.
The government’s position “would render mandatory detention under” the law “meaningless,” he added later.
Hopefully this will at least slow down the flow of illegal immigrants into America via our southern border.