Florida has filed a lawsuit against the Biden-Harris administration in order to gain access to crucial information regarding the number of foreign nationals who were convicted of violent crimes, served time in prison, and were subsequently released into the United States instead of being deported.
According to Florida’s lawsuit, there has been a historical understanding that when individuals who entered the U.S. illegally are prosecuted for their crimes, they would be deported after serving their sentence. The Biden-Harris Administration’s immigration policy has been criticized for its alleged impact on public safety, with concerns raised about the release of potentially dangerous criminals from federal prison into local communities.
A lawsuit was filed in response to Florida’s unanswered Freedom of Information Act request. The state had sought information in March regarding the alleged release of criminal illegal foreign nationals into the U.S. instead of deportation.
The case was filed in the U.S. District Court Middle District of Florida Fort Myers Division, with U.S. Immigration & Customs Enforcement and the Federal Bureau of Prisons named as defendants.
In March, she stated during the filing of the FOIA request that the Biden administration is well aware of the fact that prisoners from other countries are entering the United States through our open border. The public is seeking answers regarding the decision of the Biden administration to release criminal illegal aliens in U.S. prisons into the interior, instead of deporting them to their country of origin. It is important for the American people to be informed about this matter.
The complaint alleges that the administration is withholding records in violation of the law, which is causing harm to Florida by consistently denying access to legally entitled documents. Furthermore, it emphasizes that the damage cannot be undone until ICE is obligated to adhere to the law. A court order is being sought to compel the defendants to address Florida’s request and bear the costs of attorney fees.
In the complaint, Moody mentions the contrasting procedures used by U.S. Customs and Border Protection Air & Marine Operations, Border Patrol, and U.S. Coast Guard officials when apprehending an individual who illegally crosses the border on land versus at sea.
According to The Center Square, there is a difference in the treatment of individuals entering the U.S. illegally by land versus those apprehended at sea. While those entering at the southwest or northern borders are often processed into the U.S., individuals apprehended at sea are typically repatriated to their country of origin.
The U.S. Coast Guard 7th District in South Florida is actively intercepting and returning foreign nationals who are trying to enter the U.S. illegally off the coast of Florida. According to The Center Square, there has been a significant increase in these interceptions under the current Biden-Harris administration.
Coast Guard records reveal that over a span of six months, from October 1, 2022, to May 17, 2023, crews had encounters with a significant number of individuals. Specifically, 6,679 Cubans and 4,473 Haitians were interdicted or encountered, as reported by The Center Square.
According to The Center Square, the number of Cubans apprehended by crews has varied over the past few fiscal years. In fiscal 2021, 838 Cubans were apprehended, compared to 49 in fiscal 2020, 313 in fiscal 2019, and 259 in fiscal 2018.
These numbers do not include the interdiction efforts of Miami Sector Border Patrol agents, which were also reported exclusively by The Center Square.
Some critics believe that the policies applied to the sea and shores of Florida should also be implemented at the U.S. northern and southwest land borders. They argue that this would prevent potentially millions of illegal foreign nationals from being released into the country with a notice to appear before an immigration judge several years later.
Individuals who are apprehended by federal and local officials on the Florida coast after illegally arriving by sea, without going through legal ports of entry or making any immigration claim, are mainly processed for removal. They are typically not eligible to seek asylum or have a hearing before an immigration judge, as stated by Moody.
The Biden-Harris administration brings criminal aliens to the United States so they can be prosecuted in accordance with federal law and serve time in prison. However, it has been a long-standing assumption, regardless of political affiliation, that these individuals would be deported once they have completed their criminal sentence,” she stated. On the other hand, when a criminal is brought to the United States for prosecution, it grants them the privilege of being able to stay in the country permanently.