Biden Goes after Enforcement Stand-Down Injunction on Appeal

December 21, 2021

IRLI urges appellate court to keep policy enjoined

WASHINGTON—Yesterday, the Immigration Reform Institute (IRLI) filed a friend-of-the-court brief in the Fifth Circuit Court of Appeals opposing the Biden Administration’s appeal of a district court’s injunction against the administration’s immigration enforcement priorities, which have resulted in the release of many dangerous criminal aliens into the country.

The administration argues that the claims by Texas and Louisiana against this particular stand-down policy are now moot, since the memorandum setting forth that policy has been superseded by a new memorandum that continues the stand-down under new terminology, and also contains a massive executive amnesty for countless illegal aliens.

In a recent opinion in another case, however, the Fifth Circuit castigated the administration for such memo-swapping, roundly declaring that such tactics do not moot a case and deprive the courts of jurisdiction.

In light of this opinion, IRLI found it advisable to submit its brief attacking the prior stand-down memorandum, in case the Court did not agree that the unlawfulness of the memorandum (which could be revived at any time) was a moot point.

“It is simply undeniable that the Biden plan is to reduce enforcement to such low levels that illegal entry, including entry by criminals, keeps skyrocketing,” said Dale L. Wilcox, executive director and general counsel of IRLI. “The enforcement ‘priorities’ stand-down is a key component of this deliberate, across-the-board policy. However much that stand-down changes its outward form, we will oppose it.”

The case is State of Texas, State of Louisiana v. United States, No. 21-40618 (Fifth Circuit).