Like A Flashing ‘Come In, We’re Open’ Sign: Judge Rules Biden’s Border Policy Unlawful


OPINION: This article may contain commentary which reflects the author's opinion.

A federal judge in Florida dealt a significant setback to President Joe Biden’s administration this week regarding its “catch and release” policy. The policy allowed foreign nationals who were in the country illegally to be released into the U.S. rather than being deported.

Florida State Attorney General Ashley Moody filed a lawsuit against the Biden administration, claiming that the program was “illegal,” and on Wednesday, the judge concurred with her argument.

“In a scathing 109-page opinion, U.S. District Judge T. Kent Wetherell for the Northern District of Florida Pensacola Division ruled the Biden administration’s ‘catch-and-release’ policy is unlawful and ‘due to be vacated.’ He also denied the administration’s motion for summary judgment, vacated the administration’s “Parole+ATD” Policy under the Administrative Procedures Act, and gave the administration seven days to seek appellate review and comply with federal law and his ruling,” Just The News reported.


In his ruling, Wetherell, a Trump appointee, noted: “The Court finds in favor of Florida because, as detailed below, the evidence establishes that Defendants have effectively turned the Southwest Border into a meaningless line in the sand and little more than a speedbump for aliens flooding into the country by prioritizing ‘alternatives to detention’ over actual detention and by releasing more than a million aliens into the country – on ‘parole’ or pursuant to the exercise of ‘prosecutorial discretion’ under a wholly inapplicable statute – without even initiating removal proceedings.”

Noted Moody: “Today’s ruling affirms what we have known all along, President Biden is responsible for the border crisis and his unlawful immigration policies make this country less safe. A federal judge is now ordering Biden to follow the law, and his administration should immediately begin securing the border to protect the American people.”

Wetherell also lambasted the Biden administration for ignoring existing federal law:

Collectively, these actions were akin to posting a flashing ‘Come In, We’re Open’ sign on the southern border. The unprecedented ‘surge’ of aliens that started arriving at the Southwest Border almost immediately after President Biden took office and that has continued unabated over the past two years was a predictable consequence of these actions. …

Thus, like a child who kills his parents and then seeks pity for being an orphan, it is hard to take Defendants’ claim that they had to release more aliens into the country because of limited detention capacity seriously when they have elected not to use one of the tools provided by Congress in §1225(b)(2)(C) and they have continued to ask for less detention capacity in furtherance of their prioritization of ‘alternatives to detention’ over actual detention.

During his State of the Union address, Biden pledged to secure the border, but it was met with derision from several corners.

“Folks, if we are to advance liberty and justice, we need to secure our border and fix the immigration system,” the president said.


“And as you might guess, I think we can do both. At our border, we’ve installed new technology like cutting-edge scanners to better detect drug smuggling. We’ve set up joint patrols with Mexico and Guatemala to catch more human traffickers,” he added.

“We’re putting in place dedicated immigration judges in significant larger number so families fleeing persecution and violence can have their cases heard faster and those who don’t legitimately here can be sent back.

“We’re screening, we’re securing commitments and supporting partners in South and Central America to host more refugees and secure their own borders,” he insisted.


Border Patrol agents who spoke with Fox News after the speech said they believe that the president does not intend to secure the border at all.

“Very few people within CBP believe this administration will actually secure the border, they just do not believe in it,” one border agent said. “All of their actions, comments and practices are solely about pushing in as many illegal aliens as possible, not just those from the Americas but from around the world.”

“F—ing pandering 101, full of sh–,” another agent said.

“I laughed,” noted another, according to the network..


An agent who said he did not even watch the address said, “Figured it would be all lies and smoke…We’re losing so many agents, they’re fed up.”

“We all know he doesn’t care about secure borders,” another agent said.

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