Judge rules catch-and-release ‘unlawful,’ grills feds for turning border into ‘meaningless line’

Published Mar. 8, 2023, 4:10 p.m. ET | Updated Mar. 8, 2023

"Biden's Border Crisis" sign from Gov. Ron DeSantis. (Photo/Gov. Ron DeSantis' office)
"Biden's Border Crisis" sign from Gov. Ron DeSantis. (Photo/Gov. Ron DeSantis' office)

TALLAHASSEE, Fla. (FLV) – Attorney General Ashley Moody announced Wednesday that a federal judge sided with Florida in their legal case against the Biden administration over their employment of the “catch-and-release” policy.

Under the policy, “aliens are routinely released in the United States shortly after their apprehension for violations of immigration law,” the court said, noting that the Trump administration terminated the policy in 2017.

“The Court would find that it is unlawful insofar as it allows aliens arriving at the Southwest Border to be released,” he said.

“For the most part, the Court finds in favor of Florida.”

The opinion, by U.S. District Judge T. Kent Wetherell, grilled the Biden administration for catch-and-release.

“Defendants have effectively turned the Southwest Border into a meaningless line in the sand and little more than a speedbump for aliens flooding into the country by prioritizing ‘alternatives to detention’ over actual detention and by releasing more than a million aliens into the country,” he said.

Taking a victory lap, Moody celebrated, saying it affirmed what “we have known all along.”

“President Biden is responsible for the border crisis and his unlawful immigration policies make this country less safe,” she said. “A federal judge is now ordering Biden to follow the law, and his administration should immediately begin securing the border to protect the American people.”

The Biden administration will have seven days to either comply with the ruling or seek appeal.

During the legal battle, Moody deposed U.S. Border Patrol Chief Raul Ortiz, used ICE training videos of officials discussing “logistical problems” created by catch-and-release, and obtained testimony from ICE Executive Associate Director for Enforcement and Removal Operations Corey Price.

They also obtained a memo of the federal government’s plan to “mass-release” migrants into the country.

“Collectively, these actions were akin to posting a flashing ‘Come In, We’re Open’ sign on the southern border. The unprecedented ‘surge’ of aliens that started arriving at the Southwest Border almost immediately after President Biden took office and that has continued unabated over the past two years was a predictable consequence of these actions,” the ruling said.

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