Multiple lawsuits against Biden’s 100-day moratorium on deportations

In early February 2021, Arizona Attorney General Mark Brnovich, who belongs to the Republican political party, filed a lawsuit to halt Biden’s 100-day moratorium on deportations. Broadly speaking, President Biden planned to suspend removal orders for certain immigrants for 100 days while his administration implemented new measures, protocols and policies on the US deportation system.

President Joe Biden explained that this moratorium would allow his team to analyze and evaluate the Trump administration’s deportation protocols, remove restrictive policies and be able to offer more alternatives for immigrants currently residing in the US undocumented, as long as they meet certain mandatory requirements such as having a clean criminal record and not posing a threat to the local population.

Arizona wasn’t the only state to sue the Biden administration over the moratorium on deportations. In fact, Texas Attorney General filed a similar lawsuit in late January and a local judge ruled in favor of his request, indefinitely suspending Biden’s 100-day pause on deportations.

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Montana joins Arizona lawsuit to intercept Biden’s immigration plan

On Monday, March 8, 2021, Montana Attorney General Austin Knudsen, who also belongs to the Republican political party, joined the lawsuit filed by Arizona Attorney General. The legal complaint was amended and now also includes a request to revoke a rule implemented by ICE (Immigration and Customs Enforcement) on February 18.

The rule states that ICE, which is a federal agency in charge of enforcing immigration law both at the borders and within the US, may detain and deport undocumented immigrants only under certain specific scenarios such as when individuals:

• Have recently crossed the US borders without legal documentation.
• Have committed or participated in felonies (serious or aggravated crimes).
• Could pose a threat to national security or the American population.

The lawsuit states that this rule contradicts the US law as immigrants who cross borders without prior authorization should be deported within 90 days after receiving a final removal order.

Attorneys General declare that the federal government must comply with immigration law enforcement and that deportation should be the inevitable consequence for immigrants who cross borders illegally, regardless of whether they have participated in serious crimes or could pose a threat to the local population or not.

Adding to that, Florida is also suing the Biden administration for the same instruction, stating that there are immigrants who commit misdemeanors and also pose a threat to the local population, but that immigration entities are no longer intervening in these cases, which could increase drug trafficking and minor offences.

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