Attorney General Mark Brnovich, leading a coalition of 17 states, filed an amicus brief today in the United States Fifth Circuit Court of Appeals in support of Texas and Louisiana in Texas v. United States.
The case centers on the U.S. Department of Homeland Security’s (DHS) dangerous Permanent Guidance. The immigration policy halts nearly all arrests and deportations, even for those convicted of crimes, and drastically ties the hands of immigration officers. The coalition opposes DHS’s request for a stay pending appeal. The attorneys general argue the situation at the border worsens every day that Permanent Guidance is in place.
“This policy is another example in the shameful list of actions that the Biden administration is taking to hobble immigration enforcement and encourage border crossings, “ said Attorney General Mark Brnovich. “It has and continues to cause the Amici States extensive harm through increased law enforcement, education, and health care expenditures.”
Each month, DHS’s own data shows the crisis on our southern border getting worse. Just last month, 239,416 non-citizens were encountered at the border. That number is more than ten times the April 2020 numbers. This is a crisis, even if the administration refuses to acknowledge it.
The coalition also argues that DHS violated the Administrative Procedure Act (APA) when it rolled out Permanent Guidance. The brief argues, “The Administration’s brazen defiance of APA requirements underscores the need for federal courts to act decisively to break the Administration’s escalating and cynical pattern of lawlessness.”
Joining General Brnovich are the attorney generals from Alabama, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, West Virginia, and Wyoming.