Federal Judge Blocks Biden’s Mass Release Of Illegal Migrants

United States House of Representatives - Office of Ruben Gallego, Public domain, via Wikimedia Commons
American Liberty News
- June 4, 2026
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Arizona Democratic Sen. Ruben Gallego is launching an effort to challenge a new Trump Administration immigration policy that could require many green card applicants to leave the United States and complete the process abroad.

According to a report from The Hill, Gallego is not only seeking to overturn the policy itself but is also pursuing a procedural strategy that could make it easier for Congress to reverse the change.

The dispute revolves around a recent U.S. Citizenship and Immigration Services (USCIS) policy affecting how certain immigrants obtain lawful permanent residency.

U.S. Customs and Border Protection, Public domain, via Wikimedia Commons
5 minute read

ANALYSIS – One of Joe Biden’s more insulting (and illegal) responses to his self-created border crisis is to order his Department of Homeland Security (DHS) to simply release illegal aliens caught at the border into the United States with no hearing date.

Considering the huge number of migrants currently massing at the border to surge into the country with Biden’s ending of Title 42, this was expected to be a lot of people. Title 42 is the Trump pandemic-era policy that allowed for the swift removal of illegal migrants apprehended crossing the border.

Thankfully, a federal judge has blocked Biden’s move.

CBP reportedly has around 28,000 migrants in custody, a number well beyond the capacity to hold them across the entire southern border, which is about 19,000.

Meanwhile, 16,000 migrants are reportedly waiting at the border to cross into San Diego as well as 35,000 waiting to cross into El Paso. Many specific sectors along the border were reportedly over capacity as well. 

According to News Nation, the Executive Vice President of the National Border Patrol Council (the Border Patrol Union) warned that the border and migrant crisis is “beyond catastrophic and unsustainable.”

Of course, Team Biden only cares about the border crisis optics. Fox News reported that the priority for the Customs and Border Protection (CBP) was to avoid “images of overcrowding and processing migrants as fast as possible.”

Thousands of migrants were already believed to have been released from Border Patrol custody earlier Thursday under Biden’s new directive. The policy is to simply release so-called “asylum seekers” without giving them court dates to plead their cases or any ability to track where in the country they are.

But thanks to a lawsuit brought against the Biden administration by Florida’s Attorney General, Ashley Moody, a federal judge in Florida has issued a two-week restraining order on the insane Team Biden policy just hours before Title 42 was due to expire.

Moody called Biden’s directive “unlawful” and “dangerous.” She added: “The Biden Administration’s behavior, if left unchecked, makes a mockery of our system of justice and our Constitution.”

Epoch Times reported:

Judge T. Kent Wetherell II, an appointee of former President Donald Trump, issued a temporary restraining order on Thursday night against the Biden administration’s new parole policy that would have replaced Title 42, the measure that allowed for the immediate expulsion of illegal border crossers to Mexico during the COVID-19 pandemic.

The temporary restraining order comes into place from 11:59 p.m. on Thursday, May 11, according to court filings (pdf).

The judge was scathing in his references to Biden’s plan. The restraining order will be in effect for two weeks. Wetherell set a preliminary injunction hearing for May 19, according to the order, and Team Biden is expected to appeal the ruling.

Meanwhile, Moody was thankful for the judge’s sanity.

“We took swift action to protect the American people from [Biden’s] unlawful plan to release thousands of illegal immigrants when Title 42 lifts in an hour. I am grateful for the quick decision by the federal judge,” Moody said in a tweet.

ET continues:

The Biden administration argued that the new policy is a response to “a moment of crisis at the border,” and that blocking the DHS’s parole authority “on the eve of the crisis” could “cause chaos and undermine the security of the border and the safety of border officials.”

However, Wetherall said this “rhetoric rings hollow” because “this problem is largely one of [the Biden administration’s] own making through the adoption and implementation of policies that have encouraged the so-called ‘irregular migration’ that has become fairly regular over the past 2 years.”

But the Biden border charade continues. In an online video, Biden’s useless DHS secretary, Alejandro Mayorkas unconvincingly warned migrants they wouldn’t be allowed into the country.

Still, it seems Biden and Mayorkas may be losing in their efforts to open our borders as this temporary injunction against mass release could become permanent. The New York Post reported that:

Wetherell indicated that “Florida has a substantial likelihood of success” in challenging the Biden administration’s plan to mass release migrants “because the challenged policy appears to be materially indistinguishable from the Parole+ATD policy vacated in Florida — both in its purpose (reducing overcrowding at border patrol facilities) and manner of operation (releasing aliens into the country without first issuing a charging document placing them in immigration proceedings and simply directing the aliens to report to ICE within a specified period for further processing).”

So, let’s accept this temporary win and strive to make it permanent. And let’s keep fighting to ensure America’s borders are secure.

The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.

READ NEXT: Marine Vigilante Surrenders To New York Authorities – As New Video Emerges

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Paul Crespo

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.

3 Comments
    DennisBAnderson

    Instead of thinking you have no brain at all? They are now saying to back up and give these illegals a court date. The court dates are now up into the 2027s. They are laughing at you. They wont show up anyway so why waste the time and paper? You are going to have to pay for their food housing medical schooling. Our country is going the wrong way. We should be doing away with all of these government handouts. I am not another countrys keeper. No one ever gave me a free pass. I have been on my own since the age of 15 1/2. I grew up before my time. A lot of people only get older by the age numbers.

    Stephen Russell

    Old New Title 42 ended yesterday

    DennisBAnderson

    If you can`t protect our borders you are no longer my President, you are no longer my government.

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