Florida Sues Biden Administration, Alleging Violation of Federal Law

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The state of Florida is filing a suit against the Biden administration. This lawsuit alleges either abuse of authority or violation of federal law, in relation to the catch and release policies at the U.S. border.

Attorney General Moody and Governor DeSantis claimed the Biden administration is harming the state

On Tuesday, Attorney General Ashley Moody of Florida filed a lawsuit against the Biden administration to sustain “the rule of law.”


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The effort is made jointly with Florida Governor Ron DeSantis, claiming the president and his administration are harming the “quasi-sovereign interests” of the state. 

The defendants in the lawsuit include the Department of Homeland Security, as well as other competent agencies such as U.S. Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement.

Likewise, top officials from ICE and the Department of Homeland Security secretary Alejandro Mayorkas are included as defendants in the suit. The Florida attorney general is also filing a suit against the United States. 

The lawsuit moreover states the “illegal” border policies of the Biden administration are causing “harm” to Florida. They alleged a huge number of these illegal immigrants released by the administration arrived in or will come to Florida.

This harms the quasi-sovereign interests of the state and forces Florida to incur millions of dollars in expenses.

The U.S. Code requires arriving aliens to be held under detention and resolutions should be issued before they are released into the country

According to the United States Code 1225, every time individuals arrive at the U.S. (either through ports of entry or whenever they are caught illegally traversing the border), they will be considered “arriving aliens.”


Under the Code, arriving aliens are required to be under detention until resolutions are made as to whether or not they will be allowed into the country.

The law applies even for those who are seeking asylum, wherein an immigration judge will assess whether the individual is entitled to seek asylum before being released into the U.S.

The only exception acknowledged under the rule is the “parole authority” of the federal government.  This permits the release of arriving aliens into the interior of the country immediately, only for significant public benefit, or critical humanitarian reasons, and on a case to case basis. 

The suit likewise alleges the immigration policy by the Biden administration violates the U.S. Code and the rules mentioned above, or they simply abuse the parole authority. 

In the suit, Florida mentioned the federal government should not be ignoring rules made by lawmakers. 

The lawsuit filed by Moody and DeSantis also alleged how the president and his administration actively eliminated measures that improved the detention capacity and resources of the country, including the Migrant Protection Protocols.