Texas and Louisiana are suing the Department of Homeland Security for its alleged refusal to take criminal illegal immigrants into custody, after rules that narrowed enforcement priorities.
“Federal law requires Defendants to take custody of many criminal aliens, including those with final orders of removal, those convicted of drug offenses, and those convicted of crimes of moral turpitude,” the complaint says. “By refusing to take these criminal aliens into custody, Defendants have disregarded non-discretionary legal duties.”
The complaints points to a DHS memo issued on Inauguration Day, which established “interim enforcement priorities” and focused immigration enforcement on three categories of migrants: those who pose a national security risk; those who entered the U.S. after Nov. 1; and those convicted of an “aggravated felony.”
The Biden administration has said such guidance, which was reflected in a separate memo later issued by Immigration and Customs Enforcement (ICE), will make the agency more efficient and does not exclude other illegal immigrants from deportation, critics have accused the administration of failing to prioritize other criminals.
The Biden administration also tried to impose a moratorium on most deportations, with the exception of those categories — but was blocked by a lawsuit from Texas.- READ MORE
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