In a recent filing, Florida Attorney General Ashley Moody has requested a temporary restraining order to prevent the mass release of migrants in the United States, which corresponds with the termination of the Title 42 public health order.
Moody claims the policy, set by the Department of Homeland Security (DHS), is “materially identical” to the “Parole + ATD” policy that was blocked by a federal judge earlier this year.
Title 42, which permits rapid expulsion of migrants at the southern border due to the COVID-19 pandemic, is soon to expire. The expiration has triggered a surge in migration, overwhelming authorities.
Officials in Washington, D.C., have authorized all Border Patrol sectors to initiate “safe” mass releases of migrants onto city streets if non-governmental organizations (NGOs) lack the capacity to hold them. A DHS spokesperson later confirmed the policy.
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The new policy allows Border Patrol sectors to consider releasing migrants who have passed strict national security and public safety vetting.
These individuals will be required to check in with Immigration and Customs Enforcement and face removal proceedings in immigration court. Some migrants may be placed into an Alternatives to Detention program, if deemed appropriate.
Moody’s office argues that the new policy is too similar to the previously blocked “Parole + ATD.”
The lawsuit states, “The Biden Administration’s behavior, if left unchecked, makes a mockery of our system of justice and our Constitution.” Florida contends that the administration’s plan is “unlawful” and “dangerous.”
“The gall of Biden to thumb his nose at a federal court order and proceed with an unlawful plan to allow what amounts to an invasion at our Southwest Border is not only unprecedented, it is dangerous,” Moddy said.
“We have blown the whistle on Biden every step along his path to illegally dismantle our nation’s border security system—and even as the clock ticks down to the end of Title 42 we are taking action to force this administration to follow the law, secure the border and protect the American people,” she continued.
The state asserts that thousands of migrants will be released under the new policy, and some will inevitably travel to Florida. This influx will affect the state and provide it with standing to challenge the policy.
Florida claims that the policy will burden state resources. “Florida will continue to expend funds on illegal aliens present in the State in the form of public education, incarceration costs for aliens who commit crimes, unemployment benefits, and emergency Medicaid,” it argues.
Additionally, the lawsuit claims that the agency did not conduct a notice-and-comment period, which it argues is required for a new policy of this kind.
The policy is also said to violate statutory limits on parole, which should only be granted “for urgent humanitarian reasons or significant public benefit.”
Related: Mexico Triples Humanitarian Visas as U.S. Girds for Post-Title 42 Migrant Surge
Judge T. Kent Wetherell, who previously blocked the “Parole + ATD” policy, stated in response to the motion that the issue “needs to be resolved sooner rather than later,” as the policy will soon be enacted.
“If the allegations in the complaint and motion are true, then it appears that DHS is preparing to flout the Court’s order in Florida v. United States by implementing a new ‘parole’ policy that, based on the DHS spokesperson’s description of the policy, sounds virtually identical to the Parole+ATD policy the Court vacated in Florida.” he said, giving the administration until 4 p.m. ET to respond.
As the end of Title 42 approaches, officials have been preparing for months, anticipating a new wave of migrants at the border.
DHS Secretary Alejandro Mayorkas has introduced a plan involving regional cooperation, stricter Title 8 penalties, and a new rule limiting asylum claims. However, he acknowledged that the plan’s results may not be immediate.
Mayorkas said, “Even after nearly two years of preparation, we expect to see large numbers of encounters at our southern border in the days and weeks after May 11th. We are already seeing high numbers of encounters in certain sectors. This places an incredible strain on our personnel, our facilities and our communities with whom we partner closely.”
He added, “Our plan will deliver results, but it will take time for those results to be fully realized. And it is essential that we all take this into account.”