Judge Kent Wetherell dismissed government’s effort on monday night To move forward with policies while the due process of immigration unfolds.
Wetherell, US District Judge for North Florida, upheld its decision against the Department of Homeland Security (DHS) and other federal immigration authorities Denying a request to put it on hold, the Joe Biden administration appeals a case brought by Gov. Ron DeSantis (Republican).
The release of asylum-seeking foreigners is based on the application of the ‘catch and release’ policy, a rule since 1990 that allows the asylum process to release undocumented immigrants who pose a threat to public safety and UN citizens are not. States should wait for the resolution of their court cases.
Releases are recorded under the Alternate Detention Program (ATD) administered by Immigration and Customs Enforcement (ICE), where aliens must request a bond hearing and electronic shackles to permanently monitor them as their process develops. Monitoring is done with a wristband or cell phone. Which can take months in some cases.
Trump-appointed Judge Wetherell ruled last Wednesday that the administration’s decision to prioritize programs that promote ATD “turned the southwest border into a meaningless line rather than a barrier to foreigners flooding into the country.” Is.”
The arguments given in the decision were similar to those used by the plaintiffs, who claimed last week that the end of Title 42 would result in chaos at the border, but the current situation is the complete opposite.
Wetherell wrote, “If the sky didn’t fall, the Court has no reason to believe that the sky will now.”
Florida judge confirms another resolution will come in “a day or less”
Judge Wetherell’s order comes after an intense day in federal court in Pensacola (north of the state), where a legal battle is underway between the Biden administration and attorneys for the state of Florida, governed by DeSantis, who last week took the harshest The law was made. against immigration existing in the United States and which will come into force on July 1.
Wetherell warned that further momentum was likely in anticipation of an appeal by the Biden administration, estimating that another resolution would be issued “in the next day.”
On Monday morning, a judge asked lawyers for the federal government to explain why DHS officials should not be held in contempt of court for the alleged release of some 2,500 immigrants in the country who are allegedly detained. happened after the order was issued.
In a two-page order, Wetherell gave the Department of Justice (DOJ) until 3:00 p.m. ET to “show cause” against a possible contempt finding.
“The Court takes very seriously allegations of failure to comply with its orders, regardless of the source of the allegations,” Wetherell wrote.
Lawyers for the Biden administration responded in the afternoon that federal officials are complying with the court order, though acknowledging that 167 people could be investigated for failing to release NTAs, which the court order “requires.” potential infringement”. But the release took place under the ATD program.