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Texas sheriffs, ICE officers file lawsuit against Biden administration over immigration policy prohibiting deportations

Human smugglers

(Tripwires & Triggers)

July 3, 2021
Law Officer TeambyLaw Officer Team
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TEXAS — The Biden administration is being sued by a group that includes four Texas sheriffs, their counties, and a representatives of ICE agents, since the Department of Homeland Security is preventing federal officers from deporting illegal immigrants with criminal backgrounds, according to reports.

The allegations were filed by the counties of Kinney, Edwards, McMullen and Hudspeth along with the Federal Police Foundation—which represents ICE officers. In the complaint filed Thursday, they are simply calling on the Biden administration to allow ICE officials to do their job, Fox News reported.

In essence, the lawsuit says that Biden’s policies are requiring federal officers to engage in dereliction of duty. Moreover, they say criminal immigrants are allowed entry into the U.S. without fear of reprisal.

“The ICE officers involved in this case are absolutely astounded at what their superiors are asking them to do: releasing people charged with rape of a child, releasing people charged with dealing drugs and resisting arrest,”  Kris Kobach, lead attorney for the plaintiffs, told the Washington Examiner Friday. “These are really serious criminals, and ICE is being ordered by the political leadership of the Biden administration to turn them loose.”

A Feb. 18 memo issued by acting ICE Director Tae Johnson directed ICE officials to hold off on taking illegal immigrants into custody without first getting the permission of ICE leadership.

Before Johnson’s directives were in place, local police officers were able to hand over illegal immigrants to ICE officials to face deportation proceedings, Fox reported.

But that was then, this is now where Sheriffs are required to release illegal immigrants back into society.

“The Biden administration policy stands in direct violation of not one, but three, different federal statutes,” Kobach told the publication. “The administration’s actions have forced ICE to stand down and have almost brought deportations to a halt.

“That has fueled the crisis at the border, encouraging more illegal immigration. It has also created an unbearable burden for local law enforcement in Texas,” he added.

According to the Washington Examiner, the only instances when an illegal immigrant can be taken into custody is if they are a known or suspected terrorist, entered the country before the 2020 presidential election, have been convicted of an aggregated felony, or are part of a criminal gang. Hence, that leaves a lot of loopholes.

“A man deported four times and convicted of domestic violence, evading arrest, and multiple counts of driving under the influence does not fit the public safety threat category,” the Examiner noted. “When local law enforcement asked ICE to take custody of him because of his record, the department refused, and the man was released.”

“Another man who was ordered to be deported by a federal immigration judge and now facing an aggravated assault charge was also released. A third man who illegally crossed the border was arrested by local police for the rape of a child, but ICE denied the request,” the news organization reported.

CBP has documented 930,000 illegal immigrant encounters at the southern border since January. The figure is expected to exceed well over 1 million once June encounters have been tallied and released.

Meanwhile, the president seems lost and his vice president simply laughs away the criticism as criminal immigrants take up residency in the U.S.


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Tags: Edwards CountyFederal Police FoundationHudspeth Countyillegal immigrationKinney CountyMcMullen CountyTexas
Law Officer Team

Law Officer Team

The Law Officer Editorial Team consists of former and current law enforcement officers, media experts, and professional editors and researchers. They donate considerable time to bring the facts, stats, and perspectives that matter to support law enforcement professionals—and the pursuit of justice, law, and order.

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