FIRST ON FOX: Arizona, Ohio and Montana attorneys general are suing the Department of Homeland Security for their immigration policies, which they believe violate federal law by inappropriately stopping most deportations.
The “Guidelines for the Enforcement of Civil Immigration Law,” the states say, violate a legal obligation on US immigration and customs authorities to deport anyone with a final deportation within 90 days.
GOP SENATORS SAY MAYORKA’S ANSWER SHOWS THAT HE EITHER “LIES” OR DON’T KNOW WHAT HIS AGENCY IS DOING
“This is a lawsuit to enforce the basic requirements of immigration and administrative law,” read the lawsuit, filed Thursday and received by Fox News Digital. “On September 30, 2021, Minister Alejandro Mayorkas – Secretary of the Department of Homeland Security (‘DHS’) – announced, in brazen contempt for the legal orders of Congress, a policy that abandons the DHS’s duties to enforce or enforce entire immigration law . “
The lawsuit argues that the Permanent Guidance is a direct violation of federal law (8 USC Â§ 1231) that requires the U.S. Immigration and Customs Service (ICE) to have an alien who received a final deportation within 90 days and says there are currently over 1 million people with definitive removal orders currently in the United States.
CRUZ CONFRONTS MAYORKAS WITH PHOTO OF MIGRANTS SLEEPING ON THE FLOOR OF THE TEXAS PLANT: “BIDEN CAGES”
The lawsuit describes how every state linked to the lawsuit will be negatively impacted by the DHS’s new position on the deportation of illegal immigrants, including a possible surge in crime and a possible spread of the coronavirus that states argue they have overload their systems.
“The Biden administration continues its ruthless policy of open borders with a shocking disregard for the law or the safety of American families,” Arizona Attorney General Mark Brnovich said in a statement. “Its latest administrative policy would all but abolish ICE as escalating crime and atrocity creep across our border and into communities across the country.”
The guidelines, issued on September 30th by DHS Secretary Alejandro Mayorkas, state that the prosecutor’s discretion is their “fundamental principle”. With an estimated 11 million illegal immigrants in the US, Mayorkas said this discretion is necessary to prioritize who will justify providing resources for deportation. The guidelines state that officials should focus on “those who pose a threat to national security, public security and border security and thus threaten the well-being of America”.
“The fact that a person is a removable non-citizen should therefore not by itself be the basis for an enforcement action against them,” the document reads.
The lawsuit calls on the federal government to declare that the permanent guidance has violated the law, to postpone the effective date and to prevent its application.
The Department of Homeland Security did not immediately respond to a request for comment from Fox News.