In Brief Filed With Supreme Court, AFL Hammers Biden Administration’s Termination of MPP–Cites Alarming Statistic That Biden Administration Has Already Released More Than 750,000 Illegal Aliens Into the United States From the Border.

At current abysmal deportation rate, it would take DHS 14.5 years to deport just the aliens DHS has released into the United States over the last 13 months.

Washington, D.C. — In an amicus brief filed today with the Supreme Court of the United States in a case involving the Department of Homeland Security’s (“DHS”) termination of the Migrant Protection Protocols (“MPP”), America First Legal (“AFL”) hammered the Biden Administration for failing to consider the disastrous impacts of terminating the policy. 

As the Supreme Court has made clear, when taking actions, departments and agencies changing course by rescinding a rule have an obligation to supply a reasoned analysis for the change beyond that which may be required when the agency does not act in the first instance. That reasoned analysis must include considering relevant factors and articulating a satisfactory explanation for its action, including a rational connection between the facts found and the choice made. 

MPP required illegal aliens apprehended along the southwest border to wait in Mexico during the pendency of their immigration court proceedings, instead of allowing them to be released into the interior of the United States. MPP was an incredibly successful policy because it reduced both illegal immigration and the volume of meritless asylum claims. Further, it enhanced DHS’s ability to actually enforce the immigration laws against those who violate them. 

In terminating MPP, the Biden Administration–intent on opening our borders in any way possible–failed to consider relevant factors, including the substantial benefits that flowed from MPP DHS previously recognized. 

AFL’s amicus brief combines data taken from a number of the government’s publicly-available sources to illustrate the full extent of DHS’s lawless effort to end MPP. The data show:

  • Since President Biden took office, DHS has released more than 756,109 illegal aliens, or more than three quarters of a million people, into the United States (this would be the 20th largest city in the U.S., equal to the size of Denver and greater than the populations of Detroit, Boston, and Washington D.C.).
    • U.S. Customs and Border Protection, the DHS component that houses the U.S. Border Patrol, released 544,241 aliens who were in its custody at the United States-Mexico border into the country.
    • U.S. Immigration and Customs Enforcement, the DHS component that is responsible for catching and detaining illegal aliens, released 211,868 aliens from their custody.
    • Notably, unaccompanied children and those who evade apprehension by law enforcement are seemingly not even included in the reported data.
  • ICE is currently removing aliens from the United States at an abysmal rate of approximately 4,300 per month
  • If that rate holds, it would take ICE 14.5 years to deport just the illegal aliens DHS has already released into the United States under the Biden Administration. 
    • That number does not include the 1.2 million illegal aliens already in the United States with final removal orders.
    • That number also does not include the 1.2 million aliens who were already in immigration court proceedings. 
  • DHS’s own statistics show that it deports aliens it continuously detains 98% of the time, but only deports a small fraction of the illegal aliens it releases from its custody at the southwest border.  

In terminating MPP, DHS failed to recognize and address the significant benefits MPP provided. DHS has an obligation to actually enforce the immigration laws–not just put illegal aliens into a process that will never end in their deportation from the United States. For that reason alone, AFL’s brief asks the Court to rule in favor of the States of Texas and Missouri in the case. 

Statement from America First Legal Vice-President and General Counsel, Gene Hamilton:

The Biden Administration’s decision to terminate MPP was reckless and defies common sense. MPP greatly enhanced DHS’s ability to actually enforce the immigration laws, but the political leadership of DHS apparently either doesn’t care about that component of its mission, or is intentionally acting to open our borders. By not considering MPP’s benefits and DHS’s requirement to faithfully execute the immigration laws, the Biden Administration acted arbitrarily and capriciously. This is particularly egregious given that DHS’s political leadership clearly knows—as evidenced by the statistics cited in our brief—the extent of its failure to enforce those laws,” Gene Hamilton said.

Read the amicus brief here.

To schedule an engagement with America First Legal, please email [email protected].

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