Biden letting criminal aliens be released instead of deported

Florida Gov. Ron DeSantis asked the Biden administration to ensure that incarcerated aliens who are subject to deportation charges or deportation orders are transferred to ICE’s custody when they finish their sentences.

That process is accomplished by sending immigration detainers (Form I-247) to the prison or jail that is incarcerating the alien. Detainers —

When Trump was the president, the problem was that jails and prisons in “sanctuary cities” refused to comply with detainers. The problem now is that Biden has restricted the issuance of detainers only to incarcerated aliens he thinks should be deported — without regard to the removal grounds listed in the law.

In a memorandum dated Jan. 20, 2021, Biden’s acting DHS Secretary David Pekoske ordered a Department-wide review of immigration enforcement policies and practices. He also ordered Acting ICE Director Tae D. Johnson to issue interim operational guidance that would limit enforcement actions to deportable aliens who pose a threat to national security, border security, or public safety.

Johnson in turn issued an interim guidance memorandum on Feb. 18, 2021, in which he restricted the use of detainers and other discretionary enforcement measures to aliens in one of the following priority categories:

National Security: An alien is presumed to be a threat to national security

Border Security: Aliens are presumed to be border security threats

Border Security: Aliens are presumed to be border security threats

These restrictions have made it more difficult for ICE officers to know who they should arrest, which may be why ICE arrests have decreased by more than 60 percent during Biden’s first 100 days in office.

Florida sues

When the governor’s request did not produce results, Florida filed a suit against DHS Secretary Alejandro Mayorkas that asks the court to set aside the enforcement memos.

According to Florida’s complaint, unless the narrow set of prerequisites in the priority categories are met, immigration enforcement no longer exists.

On April 6, 2021, Texas and Louisiana filed a suit against Biden for the immigration detainer and other enforcement action restrictions in the two memos.

The complaint alleges that federal law requires Biden to take custody of many criminal aliens, including those who are subject to final orders of removal, have been convicted of drug offenses, or have been convicted of crimes of moral turpitude.

By refusing to take these criminal aliens into custody when they finish their sentences, Biden is disregarding non-discretionary legal duties and releasing dangerous criminals into our communities. LINK