On Monday (June 4), the 11th Circuit Court of Appeals denied the Biden administration’s request to delay an executive order that blocked the implementation of a controversial policy that allowed thousands of immigrants to be released to the United States without trial in a short period.
In May, a day after the administration’s “parole” policy was implemented, a federal judge blocked the policy amid immigration surging to historic highs just before Title 42 expulsions ended on May 11.
The administration said nearly 9,000 migrants had been released over the life of the policy.
The judge found that releasing immigrants to the United States without court dates and ordering them to report to Immigration and Customs Enforcement within 60 days is identical to a separate policy that released immigrants to the United States if they enrolled under the alternatives to detention (ATD) programs.
A judge blocked the policy in March in response to a lawsuit filed by Florida Attorney General Ashley Moody, who also filed the challenge last month.
The administration, who called the block on the policy political “sabotage,” filed a motion to stay the “parole + ATD policy” and the “parole with conditions” policy.
Attorneys for the administration said the executive orders blocking the policy “undermine the Executive Branch’s constitutional and statutory authority to implement” immigration policies and secure the border.
Biden’s administration also argued that blocking the release of migrants would overburden Customs and Border Protection (CBP) facilities and threaten the safety, health, and security of Border Patrol agents and migrants, which would, in turn, impact public and national security.
In a statement released last month, CBP pointed to facts about overcrowding at Border Patrol facilities both Democratic and Republican administrations have resorted to using “this parole to protect the safety and security of migrants and the workforce.”