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Florida sues Biden for not releasing policy documents about why "criminal illegal aliens" are allowed to remain in U.S.

Moody’s office filed a complaint in U.S. District Court for the Middle District of Florida in Fort Myers, over the federal government’s failure to respond to Florida's March FOIA request seeking information as to why immigrants who have served their sentence in U.S. prisons of the country, are not being deported back to their homelands

Fotografía de archivo de la fiscal estatal de Florida, Ashley Moody
Fotografía de archivo de la fiscal estatal de Florida, Ashley Moody | EFE/EPA/Cristobal Herrera-Ulashkevich

September 4, 2024 4:57pm

Updated: September 5, 2024 9:12am

Florida State Attorney General Ashley Moody sued President Biden’s administration for failing to respond to an earlier Freedom of Information Act (FOIA) request relating to their policies that permit the release of dangerous criminals into following their release from federal prisons.

Moody’s office filed a complaint in U.S. District Court for the Middle District of Florida in Fort Myers, over the federal government’s failure to respond to Florida's March FOIA request seeking information as to why immigrants who have served their sentence in U.S. prisons of the country, are not being deported back to their homelands, according to court documents and reports filed online.

“Historically, when illegal aliens were brought to the U.S. to be prosecuted for their crimes, it was well understood that the aliens would be deported once they have served their sentence,” the newly filed complaint reads. “That was until the Biden-Harris Administration implemented their shockingly irresponsible immigration policy, pushing unknown numbers of dangerous criminals straight from federal prison into our communities and causing chaos, anarchy, and crime.”

Moody further explained her reasons for filing the lawsuit in a statement released by the Florida Attorney General’s Office.

“In addition to flat out refusing to secure the border, reports indicate that President Biden and failed Border Czar Kamala Harris refuse to deport dangerous illegal immigrant prisoners once they are released from prison,” she said.

“On top of that, reports last week show possible foreign gang affiliated illegal aliens overtaking apartment complexes in American cities. This administration has made it clear they will not turn over documents showing this dangerous and unlawful scheme in a timely manner. Now, American cities are suffering in a very public way. I will not stand idly by and allow this dereliction of duty, that is why I filed suit today.

When Moody filed the original FOIA request in March, she highlighted that the Biden administration “is fully aware” that prisoners from other countries are entering the United States.

“The Biden administration has full knowledge that prisoners from other countries are making their way into the United States through our wide-open border,” the FOIA request reads. “Now, we are demanding to know reasons why the Biden administration is releasing criminal illegal aliens in U.S. prisons directly into the interior, rather than deporting them back to their country of origin. This reckless scheme could have disastrous and serious repercussions, and the American people deserve to know.”

Florida’s newly filed complaint in its Middle District seeks injunctive relief to see records showing discussions between Immigration and Customs Enforcement (ICE) and the federal bureau of prisons.

She also seeks to uncover whether or not ICE officials refused to take custody of immigrants released from prisons, an allegation that was later denied by the agents.

The state prosecutor also cited a recent incident about the alleged takeover of an apartment complex in Colorado at the hands of a “foreign criminal gang,” a reference to the Venezuelan Tren de Aragua transnational gang.

Aurora Police Department (APD) Interim Chief Heather Morris told the press that “gang members have not taken over” The Edge of Lowry Apartments, located on the border between Aurora and Denver.

“I'm not saying that there aren't gang members who don't live in this community,” the officer said.

Moody’s complaint is a scathing indictment of the Biden administration’s policies, suggesting that Americans have suffered physical violence and been forced to live in a perpetual state of fear as a result of the crime that has risen from illegal border crossers.

“Recently, Americans watched in horror as they witnessed the consequences of this Biden-Harris policy, as well as other open borders policies, when armed gang members took over an apartment complex in Colorado and used it as a base for criminal activity,” the complaint reads.

“That incident represents merely one example of the destruction and chaos wrought by this Administration’s policy choices. Even so, most Americans do not understand just how reckless the Biden-Harris Administration has been behaving. By way of example, consider aliens caught on the high seas seeking to smuggle illicit drugs into our country. Unlike aliens who reach land, aliens caught at sea are generally not eligible to claim asylum or to appear before an immigration judge.

The complaint continues to discuss the government’s handling of extraditions and its failure to deport convicted criminals in the wake of transnational prosecutions that take place in the United States. It alleges that some of the defendants brought to the U.S. have benefitted from being extradited to the U.S. because upon their release they have been allowed to stay in the United States instead of being repatriated to their Central or South American homeland.

“The federal government, however, sometimes chooses to bring these criminal aliens to the United States so the aliens can be prosecuted consistent with federal law and serve time in prison. But everyone has always assumed—in both Democrat and Republican Administrations—that such aliens would be deported the moment they finished their criminal sentence.

“Otherwise, the decision to bring a criminal to the United States for prosecution results in a benefit to that alien in the form of the right to permanently remain in the United States. For the first time in history, however, the Biden-Harris Administration has abandoned that practice … In other words, as things stand, asylum seekers caught on the high seas have been returned to their home country without even seeing an immigration judge, while drug traffickers and other serious criminals brought to the United States only for the purpose of serving prison time are being released straight into our communities to wreak havoc on our citizenry.”

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