Federal judge allows Florida immigration lawsuit against Biden Administration to proceed

The Capitolist ^ | May 5th 2022 | Jim Saunders

[Jacquerie]

TALLAHASSEE — A federal judge Wednesday rejected a request by the Biden administration to toss out a lawsuit filed by Florida over the release of undocumented immigrants.

Pensacola-based U.S. District Judge T. Kent Wetherell denied a motion by U.S. Department of Justice attorneys to dismiss the case, which Florida Attorney General Ashley Moody’s office filed last year.

The lawsuit alleges that the Biden administration has violated immigration laws through policies that have led to people being released from detention after crossing the U.S. border with Mexico. Also, it alleges that the releases affect Florida because of issues such as increased education, health care, and criminal-justice costs.

But Wetherell, a former state appeals court judge, ruled that the lawsuit should continue to move forward.

“Suffice it to say the court is wholly unpersuaded by defendants’ position that they have unfettered discretion to determine how (or if) to comply with the immigration statutes and that there is nothing that Florida or this court can do about their policies even if they contravene the immigration statutes,” Wetherell wrote in a 37-page decision. “This position is as remarkable as it is wrong because it is well established that no one, not even the president, is above the law and the court unquestionably has the authority to say what the law is and to invalidate action of the executive branch that contravenes the law and/or the Constitution. Thus, if Florida’s allegations that defendants are essentially flaunting the immigration laws are proven to be true, the court most certainly can (and will) do something about it.”

But the federal government has contended that officials have discretion in carrying out immigration laws, taking into account issues such as limited detention space, humanitarian reasons and prioritization of resources. Also, the federal government argued Florida lacks legal “standing."

[Jacquerie]

Impeachment of Joe Biden Article 1: He failed to enforce immigration law at the southern border. This failure led to criminal and terror infiltration, over 100,000 drug overdose deaths, thousands of murdered Americans and dramatic increases in welfare, medical, and school costs.

[gibsonguy]

Texas, AZ Where the hell are you?

[jacknhoo]

Georgia’s Brian Kemp was elected on his claim he would deport illegal immigrants.

He’s done exactly the opposite on nearly all issues he ran on.

Remove him from office Georgians.

[Lurker]

“the court most certainly can (and will) do something about it.”

A sternly worded decision that applies nation wide would be welcome. The Left uses judges to do that all the time.

L

[uranium penguin]

This is interesting.

So.. Judge takes the case. Rules in favor of Fla..

And.. Then WHO enforces it?

DHS/ CBP/ ICE/ FBI directed by Exec branch to ignore.

Is the judge going to form a posse of judges and arrest all of the exec branch and staff?

[Tolerance Sucks Rocks]

There is limitations on detention space, and then there is just throwing the border wide open, which is what Biden is trying to do.

I hope that this lawsuit succeeds.

[FlingWingFlyer]

Paxton is on the case here in Texas.

[logi_cal869]

Holding back for impeachment?

[T.B. Yoits]

Dumping illegal alien invaders on U.S. states is a clear case of aiding and abetting an invasion.

[gwjack]

This case deals with Florida. Don’t assume Texas, Arizona, and others are invisible and slack arms. They can’t file suit in Florida.

As another said, Paxton is all over this. I seem to remember Governor Abbott saying that Texas has filed a couple dozen lawsuits against the administration. Each case moves on its own timeline as different judges have different schedules.

On this National Day of Prayer, it is time to give praise for the victory; not be critical of what is unknown. Just sayin’

Gwjack

[gibsonguy]

Yes of course they cannot have a role in Florida’s case. Thanks for the info about Paxton. I wish he was Governor. Abbot is Pence.

[NWFree]

President Retard breaks Federal laws without a second thought dumping illegals everywhere 🤪

He’s a crook

[Lean-Right]

So, New Mexico and California aren’t border
states? Just because they’re political blue,
that doesn’t mean there aren’t God fearing,
red blooded conservatives living here, and
I’ll be damned if I let the current
political tendencies depict where I choose
to reside. Not fair of you to lump us all
together.

[gibsonguy]

There isn’t a chance NM or CA would join in the fight is all l meant. I wish it wasn’t so.