Florida AG Sues Biden Administration to Stop Massive Illegal Alien Surge

Florida attorney general sues Biden administration to stop border surge as Title 42 ends. (Credit: Fox News)

With Title 42 just hours from expiration, Florida Attorney General Ashley Moody has sued the Biden administration and is seeking a temporary restraining order to stop the massive release of illegal aliens into the country when the order ends on Thursday at 11:59 p.m. The suit isn’t Moody’s first battle with the Biden administration and it’s likely not her last, but it’s her most critical effort to date.


Moody’s office argues that the expiration of the Title 42 public health order is “materially identical” to a policy that was blocked by a federal judge earlier this year. As reported by Fox News, Moody’s filing in the U.S. District Court Northern District of Florida argues that a plan by the Department of Homeland Security to release illegal aliens on the streets if Customs and Border Protection (CBP) and Non-Government Organizations (NGOs) are over-capacity is unlawful, and similar to the “Parole + ATD” policy enjoined by a federal judge in March.

Reread that — the part related to serial-lying DHS head Alejandro Mayorkas’ plan to release illegal aliens onto the streets if CBP and NGOs are over-capacity.

Translation: “The hell with American citizens and their safety — Damn the torpedoes, full speed ahead!” Let’s not forget that the paramount objective of the Biden administration is to import as many illegal aliens as it can get away with and as long as Joe Biden remains in the Oval Office.

The suit states, in part:

Florida seeks a temporary restraining order to preserve the status quo until the parties can brief motions for a preliminary injunction or to postpone the effective date of the new policy. The Biden Administration’s behavior, if left unchecked, makes a mockery of our system of justice and our Constitution.


At least. Joe Biden and his equally inept administration also make a mockery of any semblance of its responsibility to protect the safety of the American people.

Fox reported on Tuesday that officials have authorized all Border Patrol sectors to begin “safe” mass releases of illegals to the streets when non-governmental organizations don’t have the capacity to hold them. “Safe” mass releases? What the hell does that mean? How can one determine what’s safe or what’s not safe before massive releases occur?

In a statement to Fox Digital, Moody said:

The gall of Biden to thumb his nose at a federal court order and proceed with an unlawful plan to allow what amounts to an invasion at our Southwest Border is not only unprecedented, it is dangerous. We have blown the whistle on Biden every step along his path to illegally dismantle our nation’s border security system — and even as the clock ticks down to the end of Title 42 we are taking action to force this administration to follow the law, secure the border and protect the American people.

A DHS spokesperson not only confirmed the policy; the spokesperson also defended it:

As Republican and Democratic administrations alike have done in the past to protect the safety and security of Border Patrol agents and migrants in the event of severe overcrowding conditions, U.S. Border Patrol sectors may consider releasing certain migrants who have undergone strict national security and public safety vetting to continue their immigration processes.


And then this irrational attempt to rationalize the policy: “This may include processing migrants for parole to reduce the amount of time they spend in custody.”

Incensed, yet? Check this out (emphasis, mine) from the aforementioned spokesperson:

Each parolee will be considered on an individualized case-by-case basis, and individuals who are released will be required to check in with Immigration and Customs Enforcement and undergo removal proceedings in immigration court.

Individuals may be placed into an Alternatives to Detention program to ensure compliance, if deemed appropriate. The targeted use of parole will allow Border Patrol to focus its resources most effectively to quickly process and remove individuals who do not have a legal basis to remain in the country.

No words.

In a related complaint, Florida argues that “rather than seek a stay of the Court’s judgment in good faith, the Biden Administration plans to continue its game of whack-a-mole with Florida and with this Court by promulgating yet another unlawful policy.”

As well as with the entire country, which is exactly what Joe Biden has done throughout his miserable presidency in every one of his intentionally-created crises. Then again, what did we expect?


The 2024 election matters — let’s not screw it up. Four more years of the Joe Biden disaster is unthinkable.

Related on RedState:

Biden Resurrects Trump Border Policy Prior to Title 42 Sunset — but Will It Be Enforced?

Texas National Guard Soldiers Deploy in Riot Gear in Preparation for Thursday’s Title 42 Expiration

Human Tsunami Expected at Border When Title 42 Expires, 10,000 Reportedly Set to Cross Day 1


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