The state of Florida is suing the Biden-Harris administration for data on illegal foreign nationals convicted of violent crimes. The lawsuit aims to determine how many of these individuals were released into the U.S. instead of being deported.
Background of the Lawsuit
“Historically, when illegal aliens were brought to the U.S. for prosecution, they were understood to be deported after serving their sentence,” states Florida’s lawsuit, filed by Attorney General Ashley Moody. “That changed with the Biden-Harris Administration’s irresponsible immigration policy, pushing dangerous criminals from federal prison into our communities.”
This lawsuit follows Florida’s lack of response to a Freedom of Information Act (FOIA) request submitted in March. The request sought details about criminal foreign nationals allegedly released into the U.S.
Legal Proceedings
Filed in the U.S. District Court for the Middle District of Florida, the lawsuit names U.S. Immigration & Customs Enforcement (ICE) and the Federal Bureau of Prisons as defendants.
“Along with refusing to secure the border, reports indicate that President Biden and failed Border Czar Kamala Harris refuse to deport dangerous illegal immigrant prisoners,” Moody said. “This administration won’t provide documents showing this dangerous and illegal scheme promptly. Now, American cities are struggling publicly. I cannot stand by and allow this dereliction of duty.”
FOIA Request Details
When filing the FOIA request, Moody stated, “The Biden administration has full knowledge that prisoners from other countries are entering the U.S. through our open border. We demand to know why the Biden administration is releasing criminal illegal aliens from U.S. prisons instead of deporting them back home.”
The complaint alleges the administration is “unlawfully withholding information” and harming Florida by denying access to legally required documents. The lawsuit seeks to compel ICE to comply with the law and cover legal fees.
Different Processes for Illegal Crossers
Moody also notes the differing procedures used by U.S. Customs and Border Protection when apprehending illegal crossers at land versus sea borders. Those illegally entering at sea are often repatriated to their home countries.
U.S. Coast Guard crews continue to interdict and repatriate foreign nationals attempting to enter the U.S. illegally off Florida’s coast. Reports indicate a record number of interdictions under the Biden-Harris administration.
Recent Statistics
From October 1, 2022, to May 17, 2023, Coast Guard data shows crews interdicted 6,679 Cubans and 4,473 Haitians. This contrasts sharply with the apprehensions of previous years, indicating a significant increase.
Critics argue that if the policies enforced at sea were applied at U.S. northern and southern borders, many more illegal foreign nationals would have been processed for removal. Instead, they are released with notices to appear before an immigration judge.
Conclusion
Moody notes that those apprehended by federal and local officers after arriving illegally by sea are primarily processed for removal and are often not eligible for asylum.
Under the Biden-Harris administration, “criminal aliens are brought to the U.S. to be prosecuted and serve time. However, everyone assumed they would be deported after serving their sentences,” she explained. “Now, asylum seekers caught at sea are returned home without seeing an immigration judge, while serious criminals are released into our communities.”
