Biden Administration Sued by Arizona and Montana Over Border Polices

Arizona and Montana are suing to block the Biden administration’s new immigration rules that would dramatically narrow the number of illegal immigrants targeted for arrest and deportation -- arguing the policies would have devastating consequences for their states.

Arizona Attorney General Mark Brnovich announced he has amended a lawsuit that had initially challenged the administration’s attempt to impose a 100-day moratorium on deportations.

That pause was blocked by a judge in response to a lawsuit by Texas after the state argued the policy was in breach of an agreement made in the final days of the Trump administration with the Department of Homeland Security (DHS) that border states would be consulted before significant changes to border policy.

With that deportation pause blocked, the lawsuit has been amended to focus on interim guidance that Immigration and Customs Enforcement (ICE) issued last month.

That guidance, issued in February, tells Immigration and Customs Enforcement (ICE) officers to focus on three narrow categories for arrest and deportation: those who pose a threat to national security; those who have crossed the border since Nov. 1, and those who committed "aggravated felonies."

"If asked about the poorest policy choice I’ve ever seen in government, this would be a strong contender," Brnovich said in a statement. "Blindly releasing thousands of people, including convicted criminals and those who may be spreading COVID-19 into our state, is both unconscionable and a violation of federal law. This must be stopped now to avoid a dangerous humanitarian crisis for the immigrants and the people of Arizona."

Montana Attorney General Austin Knudsen has also joined the Arizona lawsuit, and both states have filed a motion for a preliminary injunction to block the policy from going into effect as the case is heard.

Administration officials said the guidance does not explicitly prevent anyone from being arrested or deported. Instead, it directs resources at certain targets. However, field officers seeking to arrest someone outside of those three categories would need approval from their chain of command. It is expected to lead to a significant decrease in arrests and deportations.

"By focusing our limited resources on cases that present threats to national security, border security, and public safety, our agency will more ably and effectively execute its law enforcement mission," ICE acting Director Tae Johnson said in a statement.

More on the consequences of Biden's failed immigration policies from the New York Post:

News of the lawsuit comes as the president faces a burgeoning crisis at the US-Mexico border.

Biden, in undoing his predecessor’s border initiatives, has set off a new surge at the US border of Central American and Mexican illegal migrants, including thousands of unescorted children.

In his first month in office, Biden ended construction of Trump’s signature border wall and began to end the “Remain in Mexico” policy under which about 71,000 Central American asylum applicants were awaiting rulings in Mexico.

He issued an order affirming the 2012 Deferred Action for Childhood Arrivals program, which gives work permits and protection from deportation to people brought illegally to the US as minors.

He also proposed legislation that would create a path to citizenship for the estimated 11 million illegal immigrants in the US.

While insisting that the border was not facing a crisis, DHS Secretary Alejandro Mayorkas said while speaking to reporters earlier this month that the problems the agency did face should be blamed on the previous administration — despite data showing migrants flooding the border because they believe Biden will welcome them with open arms.

While not outwardly acknowledging the problem, an email sent by Mayorkas to Homeland Security staffers and obtained by Fox News this week showed that he was aware of the “overwhelming” surge in migrants approaching the border — even going as far as to request support from volunteer forces.

A DHS spokesperson could not immediately be reached for comment.

Joe Biden's go-to response to criticism over his immigration policies is to blame Trump.

That excuse is beginning to get very thin, as he also continues to deny there is a crisis at all.