Freedom Line Blog

In a recent opinion piece published by Breitbart, former Acting Director of U.S. Immigration and Customs Enforcement (ICE) Tom Homan discusses how the United States can mitigate the impending disaster at our nation’s Southern border in the aftermath of Title 42’s expiration. When in effect, Title 42 enabled border patrol agents to immediately expel migrants trying to cross the border in the interest of public health during the Covid19 emergency.

A seasoned expert on immigration and border security with nearly five decades of experience in law enforcement, Homan writes that with the enormous backlog of immigration cases and thousands more entering the country illegally each day, ICE must fill every detention bed it has available. Additionally, he emphasizes the need for the Biden administration to increase funding for additional beds at detention facilities and track the non-detained population with GPS technology to ensure compliance with court dates and orders for removal.

Homan writes:

There are over five million illegal immigrants on ICE’s non-detained docket, most of whom face years of court proceedings before a judge determines their immigration fate. This number will continue to balloon after the Biden Administration ended the use of Title 42 deportations on May 11, a COVID-era policy that allowed the U.S. to immediately expel millions of illegal aliens as a threat to public health.

In the run up to the end of the policy this month, daily border encounters soared to historic heights, with over 10,000 per day. On May 11, Border Patrol paroled 6,000 migrants to the streets of the United States with no court date even provided, simply relying on the honor system in the hopes these individuals would proactively check in with ICE at some point in the future. This policy of mass parole has since been put on temporary hold by a Florida judge.

This is open borders policy, any way you look at it. While this is occurring, ICE detention beds, already funded by the taxpayer, still sit empty, to the tune of 10,000 or more. Equally as bad, ICE could be tracking illegal aliens with GPS monitoring, but for some reason is refusing to do so on the necessary scale to deal with the migration surge promoted by Biden’s poor policy decisions.

Read the rest of the piece on Breitbart here.

Last week Kansas Secretary of State Kris Kobach filed a lawsuit on behalf of 10 Immigration and Customs Enforcement agents challenging President Barack Obama’s “deferred action” program.

In a recent column I explained how the President’s decision to instruct federal law enforcement not to enforce relevant immigration law is giving some state governments an excuse to further legitimize illegal immigration.

Now the Heritage Foundation is out with an issue brief analyzing the prospects of the ICE agents’ lawsuit.  It doesn’t look good:

The plaintiffs will have a tough row to hoe, regardless of how abusive this new initiative may be in terms of violating the spirit—if not the letter—of the Constitution’s separation of powers, as well as the executive’s obligation to “take Care that the Laws be faithfully executed.” Although the challenge is by no means frivolous, a court may be reluctant to conclude that the plaintiffs have standing.

Even if they are able to establish an “injury in fact,” a court may be tempted to cite prudential standing rules in order to avoid reaching the merits, and to avoid encouraging federal officials to defy orders of their supervisors as a prelude to challenging the legality of those orders in court. As the Supreme Court stated in Gladstone, Realtors v. Village of Bellwood (1979), “a plaintiff may still lack standing under the prudential principles by which the judiciary seeks to avoid deciding questions of broad social import where no individual rights would be vindicated and to limit access to the federal courts to those litigants best suited to assert a particular claim.”

Key Takeaway: This is a political issue that requires a well thought out policy solution.  Paul Ryan dedicated his career thus far to making the conservative case for budget and entitlement reform.  It’s time for another enterprising Member of Congress to do the same with immigration reform.