Immigration attorney breaks down Florida Judge’s ruling, blocking Biden administration from releasing migrants without court notices

Published: May. 12, 2023 at 5:38 PM MST
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TUCSON, Ariz. (13 News) - The Biden Administration is expected to appeal a new ruling stopping the release of migrants in CBP custody.

The temporary block from a Florida Judge means border crews can not use one of its main tools to try to manage the number of migrants in custody.

According to Customs and Border Protection, it’s causing some big problems. CBP was preparing to release some of the migrants without court dates because of the strain on border facilities.

Now with this ruling, it’s taking a lot longer for those individuals to cross the border and come to processing facilities.

“It’s a very harmful ruling the justice is considering. Our options, the practice the court has prevented us from using, is a practice that prior administrations have used to relieve overcrowding,” said Alejandro Mayorkas, Homeland Security Secretary.

Maurice Goldman, an immigration attorney in Tucson, says it’s hard to say just how much longer this will take CBP but says there’s a lot of logistics involved.

“The issue is one of resources and funding and a minimal number of judges they have. Our immigration court is so overwhelmed right now. I think the most recent numbers show there are at least 2-million cases in the backlog,” said Goldman.

In past administrations, the process would work like this:

We process screen and vet individuals and if we do not hold them, we release them so that they can go into immigration enforcement proceedings, make whatever claim for relief they might. If they don’t succeed be removed,” said Mayorkas.

CBP officials did this to accelerate processing and avoid creating backlogs.

In a statement from CBP following the ruling, it says it will comply with the ruling and is now assessing it’s next steps.

In part, it says quote:

“The fact remains that when overcrowding has occurred in border patrol facilities, Republican and Democratic administrations alike have used this parole authority to protect the safety and security of migrants and the workforce. Individuals apprehended by CBP are thoroughly vetted against all national security and public safety systems, regardless of how they are processed.”

Despite concerns, Attorney Goldman says there is a reason behind this new ruling.

“First of all releasing people into the country on parole with contravene the process of having them go through a hearing in front of judges and there’s no guarantee they’ll show up to court. The data does show that historically majority of migrants in that situation will show up and make their appearance,” Goldman said.

The Biden administration is working on their appeal. The judge’s ruling will end in about two weeks.

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