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Immigration

U.S. judge strikes down Biden administrations 'catch and release' border policy 

The ruling also blocks the Biden administration's use of “alternatives to detention” for undocumented migrants that are released into the country on parole

Migrant intercepted at the U.S.-Mexico border
Migrant intercepted at the U.S.-Mexico border | Shutterstock

March 9, 2023 8:25am

Updated: March 9, 2023 10:19am

A federal judge in Florida ruled on Wednesday that the Biden administration's “catch and release” border policy is unlawful. 

U.S. District Judge T. Kent Wetherell for the Northern District of Florida Pensacola Division submitted a 109-page opinion ruling that the policy that allows Border Patrol agents to release undocumented migrants who crossed the border into the U.S. instead of deporting them is unlawful and “due to be vacated.” 

“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 speed bumps for aliens flooding into the country,” the ruling said.

The ruling also blocks the Biden administration's use of “alternatives to detention” for undocumented migrants that are released into the country on parole, including ankle bracelets, phone monitoring, and check-ins by immigration officers. 

“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,” Judge Wetherell said.

Judge Kent gave the administration seven days to seek an appeal before having to comply with federal law and his ruling. 

“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,” said Florida Attorney General Ashley Moody, who filed a lawsuit challenging the policy in March 2021. “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.”