Trump’s focus on appointing judges that share conservative values continues to pay dividends. A federal judge in Florida has taken a judicial axe to the current illegal immigrant policies of the Biden Administration, shutting down President Joe Biden’s catch-and-release rules and his “parole pathway” for illegals.
That was district court Judge T. Ken Wethererell, a Donald Trump appointee, who wrote, “For the most part, the Court finds in favor of Florida because, as detailed below, the evidence establishes that [Biden’s deputies] have effectively turned the Southwest Border into a meaningless line in the sand.”
In the “executive summary” portion of the opinion, Judge Wethererell wrote:
“There is an immigration “crisis” at the Southwest Border. The Chief of the U.S. Border Patrol (USBP) candidly admitted it in his testimony and the overwhelming weight of the evidence confirms it. The
crisis has been ongoing for over two years and shows no sign of abating.
“The evidence establishes that the current status quo at the Southwest Border is unsustainable, but it is not the Court’s job to solve the immigration crisis—that is the job of the political branches. Nor is it the Court’s job to decide whether the policies challenged by Florida in this case (or the underlying immigration laws) are good or bad public policy—that too is the job of the political branches. Instead, the Court’s only job is to determine based on the evidence presented whether challenged policies comply with the immigration laws, as written.”
[…]”Under §1225(b)(1)(A), certain arriving aliens, including those who lack proper admission documents, are subject to expedited removal “without further hearing or review.” However, if such an alien indicates
an intention to apply for asylum or a fear of persecution, the alien “shall be detained” pending a final determination of asylum or credible fear of persecution. See 8 U.S.C. §1225(b)(1)(B)(ii), (b)(1)(B)(iii)(IV) (emphasis added). For all other arriving aliens, unless an immigration official determines that the alien is clearly and beyond a doubt entitled to be admitted, the alien “shall be detained” for removal proceedings. See 8U.S.C. §1225(b)(2)(A) (emphasis added).”
In other words, it’s the job of legislators to determine US immigration law, and they determined that illegals MUST be detained. Or, as put in the court’s opinion, “The Court rejects DHS’s argument and concludes that §1225(b)’s “shall be detained” means what it says and that is a mandatory requirement.”
And so Judge Wethererell found Biden’s immigration policies impermissible because they are “little more than a speedbump for aliens flooding into the country by prioritizing “alternatives to detention” [ATD] over actual detention and by releasing more than a million aliens into the country—on “parole” or pursuant to the exercise of “prosecutorial discretion” under a wholly inapplicable statute—without even initiating removal proceedings.”
Thus, because illegals must be detained and Biden’s policy was little more than a speedbump, Biden’s illegal immigration policies were “contrary to law” and stricken by the Florida federal court.
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