Biden’s Deputies Will Not Appeal Judge’s Decision to Open the Border

US Secretary of Homeland Security Alejandro Mayorkas testifies during a US Senate Appropriations Subcommittee on Homeland Security hearing about the Fiscal Year 2022 Funding Request for the Department of Homeland Security, on Capitol Hill in Washington, DC, May 26, 2021. (Photo by SAUL LOEB / AFP) (Photo by SAUL LOEB/AFP …
SAUL LOEB/AFP via Getty Images

President Joe Biden’s deputies will not appeal a judge’s decision to remove the Title 42 anti-disease barrier that is the only effective legal curb against a huge wave of economic migrants.

Instead, Biden’s pro-migration border deputies are asking for a five-week delay in lifting the Title 42 barrier so they can prepare to release the additional migrants who will compete for jobs and homes against Americans, according to a Wednesday evening statement from the Department of Homeland Security:

In response to the court’s [Title 42] order, the Department of Justice is filing an unopposed stay motion [asking for a delay]. The delay in implementation of the court’s order will allow the government to prepare for an orderly transition to new policies at the border.

During the period of this freeze, we will prepare for an orderly transition to new policies at the border.

However, Texas Gov. Greg Abbott (R) will likely ask the U.S. Supreme Court to block the Title 42 removal. He is already involved in a pending Supreme Court decision about the legality of Biden’s catch and release policies at the border.

Greg Abbott, governor of Texas, speaks during a news conference in Dallas, Texas, US, on Tuesday, Aug. 23, 2022. A massive rainstorm in North Texas drenched parts of the Dallas-Fort Worth area with more than a foot of water, swamping roadways, triggering flash flood warnings and killing at least one person in what experts call a once-in-200-years event. Photographer: Shelby Tauber/Bloomberg via Getty Images

Gov. Greg Abbott speaks during a news conference in Dallas, Texas, August 23, 2022. (Shelby Tauber/Bloomberg via Getty Images)

Justice John Roberts may decide if the top court will intervene if Abbott asks for a delay.

Roberts has been entangled in migration fights since at least 2014 and may use this Title 42 dispute to impose some order on Biden’s pro-migration policies.

The Supreme Court is expected to soon hear the case United States v. Texas, No. 22-58, where Biden’s lawyers will argue that the border agency can release a huge number of foreign migrants into Americans’ labor market.

Breitbart News reported in June:

The Supreme Court will decide whether the Biden administration must detain and deport certain types of aliens – both legal and illegal – which would instantly force Joe Biden’s immigration policy to resemble Donald Trump’s policy on those issues.

Congress specifically orders in immigration law that aliens (i.e., noncitizens) who commit certain crimes must be detained and deported. Those provisions of law include 8 U.S.C. §§ 1226(c)(1), 1231(a)(2), and 1231(a)(1)(A), which use language like the attorney general “shall take into custody,” “shall detain,” and “shall remove” aliens that commit these different categories of criminal acts.

The court will decide three major issues: First, whether states like Texas and Louisiana have standing to sue the federal government in federal court on questions like these. Second, whether the [border agency] memo does indeed violate the federal immigration law and the APA. And third, whether federal district courts have jurisdiction to hold unlawful and set aside immigration enforcement guidelines.

A December argument will likely result in a decision sometime between March and June of 2023.

The Supreme Court may also intervene in a separate decision from a Washington, DC, court that dramatically expanded the “Optional Practical Training” work-permit program for white-collar migrants.

Next year, the narrow GOP majority in the House may try to pass legislation, or spending rules, to curb Biden’s mass migration.

However, many GOP and Democratic donors favor the inflow of more profit-expanding workers, renters, and consumers.

The judge’s decision, unveiled a week after Election Day, immediately bars the Department of Homeland Security from enforcing the Title 42 anti-disease barrier at the border. The decision was approved by Emmet Sullivan, a far-left, Democrat-nominated judge overseeing an American Civil Liberties Union lawsuit.

Without Title 42, nearly all migrants who trek to the border will be allowed to enter a tangled, complex immigration system that prevents their deportation for several years. Biden’s deputies also release nearly all of the migrants to take jobs and homes despite laws requiring the detention of asylum seekers.

The nation’s pro-migration border chief, Alejandro Mayorkas, has been reducing the use of the Title 42 barrier since he took over the nation’s borders in February 2021. In October, for example. 277,500 people arrived at the border, but Mayorkas excluded just one-third — 81,500 — under Title 42.

In his Wednesday evening statement, Mayorkas prioritized his goal of smuggling the foreign migrants safely past the murderous cartels — and ignored his legal task of protecting Americans from waves of wage-cutting economic migrants.

He wrote:

We know that smugglers will lie to try to take advantage of vulnerable migrants, putting lives at risk. We continue to work with countries throughout the Western Hemisphere to take enforcement actions against the smuggling networks that entice migrants to take the dangerous and often deadly journey to our land borders and to address the root causes of irregular migration that are challenging our hemisphere as a whole.

Since 1990, the inflow of legal immigrants and illegal migrants has greatly benefited employers and investors — but it has imposed a huge cost on Americans.

The inflow has pressured down Americans’ wages. It has also boosted rents and housing prices, and it has reduced native-born Americans’ clout in local and national elections. The inflow has also pushed many native-born Americans out of careers in a wide variety of fields and spiked the huge number of “Deaths of Despair.”

Many polls show the public wants to welcome some immigration. But the polls also show deep and broad public opposition to labor migration and to the inflow of temporary contract workers into the jobs needed by the families of blue-collar and white-collar Americans.


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