AFL, Texas Ask Federal Judge To Immediately Halt Biden’s Illegal Catch-And-Release Policies At The Border

Wednesday, June 23, 2021

WASHINGTON, D.C. – Today, America First Legal joined with the State of Texas to file for a preliminary injunction to stop the Biden’s Administration’s illegal catch-and-release policies on the southwest border. America First Legal serves as outside counsel for Texas in its vital litigation to defend our Southern Border. 

The Biden Administration has taken dangerous and arbitrary actions at the border that violate applicable laws and policies, including COVID-19 protections under Title 42. 

Texas, with AFL serving as outside counsel, filed suit against the Biden Administration for failing to follow its own rules related to Title 42, and in the alternative, for failing to detain aliens who come from locations where communicable diseases of public health significance are prevalent. At the same time that the Biden Administration says that Americans need to be fully vaccinated in order to participate in ordinary activities without a mask, it has failed to follow its own rules that require the expulsion of aliens at the border—the overwhelming majority of whom have not been vaccinated and do not wear masks

Statement from America First Legal President Stephen Miller: 

The Biden Administration has laid siege to America’s sovereignty and waged merciless assault against our borders. We are fighting back alongside the State of Texas in federal court to save our country from destruction. At stake in this battle is whether we salvage or surrender our status as an independent nation-state with recognized and enforceable territorial boundaries,” Stephen Miller said.

In this existential legal battle, we are immensely honored to partner with the truly courageous Ken Paxton, the Attorney General of Texas. Together, AFL and the State of Texas are suing the Administration to stop its deadly erasure of our borders and immigration laws,” Miller said. “At the heart of this case is the Administration’s illegal policy of Catch-and-Release on our Southern Border—constantly freeing countless illegal aliens into the United States after they are apprehended by Border Patrol. Our agents have been ordered to resettle instead of remove illegal aliens.”

“This anarchistic catch-and-release policy plainly and facially violates the Administration’s own public health guidelines, regulations, and directives.  While Americans are still required to wear masks on planes and the CDC is still trying to shut down many aspects of daily life, the government is actively facilitating the entry of illegal aliens whose journey is defined by the radical absence of health protocols. The mass release of untested, unvaccinated, unvetted and unscreened border-crossers threatens the health of all Americans — and is explicitly contrary to the Administration’s publicly stated goal of reopening through vaccination,” Miller said.

“In the other words, at the same time the Administration is urging Americans to get vaccinated, they are resettling thousands of unvaccinated illegal aliens into their cities, towns, and schools – and placing the cost and burden of all healthcare services for these new arrivals in the taxpayer tab. The more unvaccinated illegal aliens freed into communities, the lower the percentage of that community’s population that has received a vaccine—and therefore further away from the herd immunity threshold,” Miller said.

“Dangers to communities are further heightened as perhaps no activity on earth presents a greater risk for airborne illness transmission than human smuggling. Unless the Biden Administration believes that the act of breaking our immigration laws miraculously immunizes you from disease, they are purposefully sacrificing science to advance a purely ideological objective: open borders. AFL and Texas will not waver in defense of our laws, our citizens, our health, and our sacred sovereignty,” Miller said. 

The motion for a preliminary injunction can be accessed here.

The brief in support of the motion can be accessed here.

The appendix for the brief of support can be accessed here.

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