IRLI Defends Florida in Catch-and-Release Suit

November 3, 2022

Shows court administration has no discretion to rewrite the law

WASHINGTON—The Immigration Reform Law Institute (IRLI) has filed a friend-of-the-court brief in a Florida federal district court opposing the Biden administration’s latest attempt to rid itself of the state of Florida’s lawsuit challenging its policy of catching and releasing illegal aliens.

In moving for summary judgment against Florida, the administration claims it has unbounded discretion about whether to detain and deport illegal aliens, and so its policy of simply not enforcing the law cannot be reviewed by a court. In its brief, IRLI shows that, in fact, Congress very clearly and sharply limited the administration’s discretion when it mandated that illegal aliens be detained and removed from the country.

“The administration’s view of its role is simply preposterous,” said Dale L. Wilcox, executive director and general counsel of IRLI. “It believes that it makes the only immigration laws that matter, and Congress, in essence, is an advisory body. We hope the court makes short work of that deeply unconstitutional position, and protects both our constitutional separation of powers and our border by denying summary judgment.”

The case is Florida v. United States, No. 3:21-cv-1066 (N.D. Fla.).