(RepublicanWire.org) – A federal judge has blocked the Biden administration from imposing limitations on Immigration and Customs Enforcement arrests, detentions, and removals.
District Judge Michael Newman of the Southern District of Ohio ruled Tuesday in favor of the Republican attorneys general of Arizona, Montana, and Ohio, issuing a preliminary injunction prohibiting President Joe Biden from imposing new guidelines for laws regarding consequences for illegal immigration.
“The States sue because they believe DHS skirted Congress’s immigration enforcement mandates when it issued a policy that prioritizes certain high-risk noncitizens for apprehension and removal,” Newman wrote in his ruling. “DHS contends that seemingly mandatory statutes must be read flexibly to permit efficient law enforcement.”
“At bottom, that is what this dispute is about: can the Executive displace clear congressional command in the name of resource allocation and enforcement goals? Here, the answer is no,” Newman wrote.
Arizona Attorney General Mark Brnovich, Montana Attorney General Austin Knudsen, and Ohio Attorney General Dave Yost sued the Biden administration in November 2021 over the policy revision, which they said “dramatically ties the hands of immigration officers, halting nearly all deportations.”
That month, the Department of Homeland Security, which oversees ICE, issued a permanent guidance to limit whom ICE could arrest and thus remove from the country. The guidance established that ICE officers had to obtain permission to arrest illegal immigrants who had not been convicted of an aggravated felony, were not affiliated with a gang or terrorist network, or had illegally entered the U. S. before November 2020.