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Arizona, Montana Sue To Block DHS Rules That Would Limit ICE Arrests

March 10, 2021

 
Written by Martin Walsh

OPINIO
This article contains commentary which reflects the author’s opinion


 

The Trump administration handled and addressed the situation at the U.S.-Mexico border. But Joe Biden and his team have taken an entirely different approach.

While Democrats tend to support his more lenient stance, border officials are claiming that Biden’s lax policies are endangering the country.

Arizona and Montana are now suing to block the Biden administration’s new immigration rules that would dramatically narrow the number of illegal immigrants targeted for arrest and deportation — arguing the policies would have devastating consequences for their states, Fox News reported.

Biden’s team is trying to change a Trump-era immigration rule, and these two states are not having it.

Arizona Attorney General Mark Brnovich announced he has amended a lawsuit that had initially challenged the administration’s attempt to impose a 100-day moratorium on deportations.

That pause was blocked by a judge in response to a lawsuit by Texas after the state argued the policy was in breach of an agreement made in the final days of the Trump administration with the Department of Homeland Security (DHS) that border states would be consulted before significant changes to border policy.

With that deportation pause blocked, the lawsuit has been amended to focus on interim guidance that Immigration and Customs Enforcement issued last month.

That guidance, issued in February, tells Immigration and Customs Enforcement officers to focus on three narrow categories for arrest and deportation: those who pose a threat to national security; those who have crossed the border since Nov. 1, and those who committed “aggravated felonies.”

“If asked about the poorest policy choice I’ve ever seen in government, this would be a strong contender,” Brnovich said in a statement.

“Blindly releasing thousands of people, including convicted criminals and those who may be spreading COVID-19 into our state, is both unconscionable and a violation of federal law. This must be stopped now to avoid a dangerous humanitarian crisis for the immigrants and the people of Arizona,” Brnovich added.

Montana Attorney General Austin Knudsen has also joined the Arizona lawsuit, and both states have filed a motion for a preliminary injunction to block the policy from going into effect as the case is heard.

The Biden administration is claiming the guidance does not prevent anyone from being arrested or deported.

However, field officers seeking to arrest someone outside of those three categories would need approval from their chain of command.

It is expected to lead to a significant decrease in arrests and deportations.

“By focusing our limited resources on cases that present threats to national security, border security, and public safety, our agency will more ably and effectively execute its law enforcement mission,” ICE acting Director Tae Johnson said in a statement.

Montana Attorney General Austin Knudsen is warning that Biden’s lax immigration policies will be catastrophic for the country and Americans.

“Meth trafficked into Montana by Mexican drug cartels has wracked our state. The problem will only be made worse if the Biden administration continues to allow criminals to stay in the country,” Knudsen said in a statement.

“Enforcing our immigration laws and helping to keep Americans safe is one of the federal government’s most important functions. The Biden administration is failing its basic responsibility to Americans,” he added.

The complaint alleges that the effect of such policies will lead to an increase in healthcare and law enforcement costs among other harms to border states like Arizona — as well as an increase in illegal immigration.

The suit includes declarations from law enforcement officials and others who claim that the states will be harmed by the new policies.