On February 3, Arizona Attorney General Mark Brnovich filed a lawsuit against the U.S. Department of Homeland Security (DHS) seeking to rescind a 100-day immigration removal order.
Following Texas, Arizona Attorney General Mark Brnovich filed a lawsuit against the Department of Homeland Security (DHS) on Feb. 3, arguing that the 100-day immigration removal freeze is illegal and seeking to have it rescinded.
Brnovich announced the lawsuit on Twitter Wednesday night, saying the policy “puts Arizona’s public safety at risk.
“The 100-day suspension of deportation includes people who are alleged suspects or have been convicted.” Bronovich said, “Law enforcement officials have told our office they are concerned about whether people being released are being tested for COVID-19 (the Chinese Communist virus).”
Just hours after Biden was sworn in on Jan. 20, he issued an executive order overturning the Trump administration’s Migrant Protection Protocol (MPP) and announced a halt to the construction of a wall along the U.S.-Mexico border. That same day the Department of Homeland Security issued a memo ordering states to suspend deportations of illegal immigrants for 100 days.
The first lawsuit was filed last week in Texas, where Attorney General Ken Paxton sued the Biden Administration on Jan. 22, arguing that the DHS moratorium was illegal and asking the court to vacate it.
Federal District Judge Drew Tipton sided with Texas, and on Jan. 26 he issued a 14-day temporary restraining order that temporarily halted Biden’s policy until Feb. 23. Tipton said the Biden administration did not “provide any specific, reasonable justification for the 100-day suspension of deportation.
In an interview with KTAR News, Bronovich said this is a “straightforward” lawsuit and that the DHS policy not only violates the law, but also violates Arizona’s memorandum of understanding with the DHS.
In the final weeks of President Trump’s presidency, several states, including Arizona, joined Texas in reaching an agreement with the Department of Homeland Security (DHS) that included no changes to immigration enforcement without first consulting the states and allowing them to comment.
The Biden administration overturned the agreement in court documents, saying it was unenforceable because “the outgoing administration cannot remove the authority of the incoming administration.
According to data released by U.S. Immigration and Customs Enforcement (ICE) on Jan. 29, the agency had released 176 immigrants from Jan. 22 to Jan. 25 who were supposed to be deported prior to the Texas lawsuit.
In a statement, Bronovich said it was highly unreasonable for DHS to release potentially dangerous suspects to Arizona, especially since the department made the move without coordinating with the relevant courts and probation departments.
“Defendants’ (DHS) decision to flout their legal obligations puts border states like Arizona directly at risk,” he said, adding that “the law enforcement community in Arizona is particularly concerned about the release of aliens who have been charged with crimes or have been convicted of crimes as a result of DHS’ 100-day suspension of deportation. “
Bronovich also added that while he supports “comprehensive immigration reform,” it cannot be achieved through “unsafe and untenable executive orders.
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