As part of Joe Biden’s extreme open border policies, the Department of Homeland Security (DHS) has been deliberately ignoring federal law to avoid deporting convicted criminal aliens.
This has led to a sharp drop in criminal aliens detained by DHS, according to a panel of the U.S. Fifth Circuit Court of Appeals.
In a memorandum in September 2021 outlining new DHS guidance narrowing immigration enforcement priorities, Biden’s Homeland Security Secretary Alejandro Mayorkas said: “The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them.”
However, as the Appeals Court noted, federal law says the attorney general “shall take into custody,” “shall detain” and “shall remove” illegal aliens convicted of certain crimes and aliens who are ordered deported.
The Epoch Times (ET) reported that Republican Texas Attorney General Ken Paxton, one of the plaintiffs, said in a statement that Biden “tried to throw out immigration law, saying DHS didn’t have to detain criminal illegals. The court now says he must.”
ET added that:
The memo and others like it has led to a spike in the rescinding of criminal detainers or orders to local authorities to detain aliens, court documents show. One hundred and seventy aliens had detainers rescinded in Texas between Jan. 20, 2021, and Feb. 15, 2022, with at least 17 failing to comply with their parole conditions and four committing fresh crimes.
“The data show that the Final Memo ‘increases the number of aliens with criminal convictions and aliens with final orders of removal released into the United States,’ and Texas has shown by a preponderance of the evidence that the cost of that reality has fallen on it and will continue to do so,'” the panel said in a ruling dated July 6.
DHS is trying “to claim it acts within the bounds of federal law while practically disregarding that law,” it added.
The panel upheld an earlier ruling from U.S. District Judge Drew Tipton, a Trump appointee who said the policy had resulted in criminal aliens “roam[ing] free” and ordered the department not to follow the memo.
The Biden administration had appealed, arguing that the lower court order should be overturned because the states lack standing, because they have not suffered any injury, and because any injury that the speculative injury was not traceable to the Mayorkas memo. The appeals court panel disagreed.
Team Biden is expected to appeal this ruling as well, which could then send the case to the full Fifth Circuit or to the Supreme Court. ALD
The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.
Paul Crespo is the Managing Editor of American Liberty Defense News. As a Marine Corps officer, he led Marines, served aboard ships in the Pacific and jumped from helicopters and airplanes. He was also a military attaché with the Defense Intelligence Agency (DIA) at U.S. embassies worldwide. He later ran for state and federal office, taught political science, wrote for the editorial board of a major newspaper and had his own radio show. A graduate of Georgetown, London and Cambridge universities, he brings decades of experience and insight to the issues that most threaten our American liberty – at home and from abroad. To read more go to: paulcrespo.com.
What I want to know is when Biden and those supporting him on this scam are to be arrested for their treason.
Victory
The Biden Regime is at war against the American people.
He:
Killed the Keystone Pipeline his first day in office.
He stopped construction of the border wall.
He mandated “vaccination”, resulting in thousands being fired for refusing to comply with the mandate.
Yet, illegals coming over the border have no such mandate.
Yes, Don, he and his puppetmasters SHOULD be arrested for treason.
If this law says to deport all illegal criminals that means all illegals since they broke our laws by entering this country without legal documentation. Of course that will never happen under the left wing democrats.
Someone should go to jail for ignoring the law. That would stop all this petty appealing and delay of all these ruling.
Since mayorkas refuses to do his job, he should be removed from office.
YES
REMOVED FEET FIRST
When do the people, who still think Biden is the answer, wake up and realize what he and his administration have done to our country. Now with common sense in play , detaining and possible deportation of criminal aliens, Mayorkus and team with the Biden team approval are appealing the court decision. They actually want these criminals loose in our country. Like I said , when do the Biden administration supporters open their eyes and just say no more or are they too dead set on destroying our country. Lincoln said, ” that our country if it is taken down it will be from the inside” [not exact]. FrankO
When? Never! They will never admit they brought this all on themselves by voting for Biden. Votes no matter how they were obtained have consequences. Let’s not forget the numbers of RINOs involved in this.
America has become a nation that can pick and choose which laws government wants us to obey, Immigration both legal and illegal is not one of them. We have many thousands of homeless people in the US, we have a food shortage, some states running out of water, yet we allow in millions of immigrants. It appears our government is not going to quit until we become a 2nd world nation, with them in charge of course. We have committed national suicide by allowing this to continue. These illegals will never all be deported. Aidos America, it was nice knowing you.
It’s more than just the criminal aliens that have to be removed, all the illegals need to be removed. America shouldn’t be importing another countries poverty. America shouldn’t be a free ride to anyone.
The only thing one can say about the bidens, you can fxxx some of the people some of the time, but not all the people, all the time, enjoy the benefits you received from your sales of American oil, to the slave drivers of communist China. WTF, kind of energy policy do uou have?
Anyone who crosses our border illegally is a criminal and should be sent back, not to Mexico but to the country, they come from. GOD BLESS A FREE THINKING USA
Agreed 1000%
Well said agreed 100%
How do people keep breaking the laws of the United States without penalty? I don’t understand some people being above the Law.
The Constitution (Article I) requires the president secure all borders. Life in Leavenworth, NOW.
There is an extreme level of insanity in the Biden administration, an extreme level of evil, or an extreme level of incompetence within this administration. Any one of these alone is cause for serious concern for all American citizens, but I believe all three of these issues are at play!
Enough is enough!
YES THE BIDEN REGIME
ONE AND ALL ARE CRIMINALLY INSANE
TOO DANGEROUS TO ALLOW TO CONTUBUE
It doesn’t matter what the courts rule against Obiden. He and his administration will ignore whatever they are told to do.
We have all the laws on the books that we need. We have no enforcement of those laws. It is a bi-partisan, Uniparty decision: Not to appropriate the money to finish the wall while equipment & materials delivered on site ROT.
It is a bi-artisan decision NOT to fund ICE, the Border Patrol & other agencies so they can hire, train & put people on the border to secure it.
It is a bi-partisan decision to give “dreamers” & illegals the opportunity to get amnesty, asylum, become citizens and/or give them the right to vote in our elections.
I could go on & on. We have members of both houses aiding & abetting illegal aliens all week long & twice on Sundays.
We don’t have a DOJ, judiciary, DAs or a Republican party that wants to enforce our laws or secure our borders. The Democrats want this chaos & Republicans sit on their hands. IMHAO.
The Convention of States will eventually come together and strip the federal government of all powers, simply for not listening to the people anymore! This current administration was not elected but bought it’s way into power by paying for illegal ballots. It is nothing more than a criminal enterprise itself who is working along side other criminals, like the drug cartels, to allow more criminals into the country.
Put the foreign-born director of Homeland in jail if there isn’t compliance.
Biden is an idiot and an embarrasment this country. The sooner he is in an orange jump suit in the federal pen, the better (nope, that ain’t gonna happen, just wishful thinking)