The Biden administration faced a significant legal setback when the 11th Circuit Court of Appeals denied their request to stay a lower court order blocking a policy that would allow the release of migrants into the United States without court dates. This decision opens the door for the administration to pursue an appeal to the Supreme Court.
The Department of Homeland Security’s (DHS) claims of irreparable harm were met with skepticism by the three-judge panel, given their track record of exaggerating similar threats in the past. The court noted that previous representations made by DHS about the dire consequences of vacating the Parole+ ATD policy turned out to be unfounded, as the department was able to manage detention capacity using alternative methods.
This legal battle originated from a lawsuit filed by Florida Attorney General Ashley Moody, who argued that the border policy outlined in a Border Patrol memo was materially identical to a previously blocked policy. The memo allowed migrants to be paroled into the country under certain conditions. Federal Judge T. Kent Wetherell II issued a restraining order on this policy, just before the expiration of the Title 42 public health order.
Moody’s lawsuit expanded to include the release of migrants with court dates and raised concerns about the lack of consideration for alternatives to releasing migrants. The court decision comes shortly after Moody filed an amended complaint, highlighting the continued release of migrants with court dates and the failure of DHS to explore other options.
With the denial of the stay, the Biden administration can now file an emergency appeal to the Supreme Court. The outcome of this case will have significant implications for immigration policy in the United States. Will the Supreme Court grant the administration’s appeal and reverse the lower court’s decision, or will it uphold the ruling? This legal battle underscores the administration’s determination to implement policies that critics argue undermine immigration control. Keep following this story to stay informed about the latest developments.
Source Fox News
