(The Center Square) – Alabama Attorney General Steve Marshall is suing the Biden administration over claims it is ignoring immigration law that requires the federal government to arrest, detain and deport foreign nationals in the U.S. illegally.
The lawsuit alleges that the Biden administration’s immigration policy exceeds the authority of the Department of Homeland Security, is arbitrary and capricious, illegally bypassed notice and public commenting, and is unconstitutional.
The Republican attorneys general of Florida and Georgia joined the lawsuit, which was filed in the U.S. District Court for the Northern District of Alabama.
DHS Secretary Alejandro Mayorkas, Customs and Border Protection (CBP) Commissioner Chris Magnus, Acting Director of Immigration and Customs Enforcement (ICE) Tae Johnson, Director of U.S. Citizenship and Immigration Services (CIS) Ur Jaddou, their respective agencies, and the federal government are named as defendants.
“The Biden administration cannot ignore the law, nor should it place American lives in jeopardy by allowing criminal aliens to escape the long arm of justice,” Marshall said in a statement.
At issue is a new policy announced by Mayorkas that instituted sweeping changes to customs and immigration enforcement. Because it wasn’t challenged in court at the time, the policy went into effect Nov. 29.
The AGs are asking the court to nullify the policy, and permanently prohibit DHS, CBP, ICE and CIS from following it. They’re seeking a permanent injunction to end “the Biden Administration’s wholesale abdication of its statutory duties.” Doing so will “prevent the irreparable harm caused by the unlawful release of convicted criminals into their communities,” they argue.