A federal appeals court upheld a lower court’s decision to block a Biden administration policy allowing the mass release of illegal aliens without a court date.

In response to Florida’s lawsuit, U.S. District Judge Kent Wetherell blocked the Biden administration’s “parole with conditions” policy in May, just before Title 42 expired. A three-judge panel for the 11th Circuit Court of Appeals denied the Biden administration’s appeal on Monday, leaving in place the lower court’s injunction.

The panel said the Department of Homeland Security’s (DHS) claims of injury from the injunction “ring somewhat hollow” considering its record of “overstating similar threats.”

“The department’s ability to ascertain future harm is uncertain at best,” the panel found. “Given this record, we take DHS’s latest claims of impending disaster if it is not allowed to use either of the challenged policies with some skepticism.”

Florida Attorney General Ashley Moody filed the lawsuit on May 11, arguing the “parole with conditions” policy is “virtually identical” to the administration’s “Parole+ATD” policy previously struck down by a federal judge.

“The 11th Circuit Court of Appeals has refused to disturb an injunction Florida obtained against a Biden policy allowing the mass release of illegal immigrants into the country,” Moody said in a statement. “Protecting our border is one of the most fundamental responsibilities of our president, and Florida will not allow Joe Biden and Secretary Mayorkas to continue putting American lives at risk in clear violation of federal law.”

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