Appeals Court Blocks Biden’s Release of Criminal Migrants

President Joe Biden must stop releasing the thousands of convicted criminal migrants who are appealing their court-ordered deportations, says a federal court.

The three-judge panel of the Firth Circuit Court of Appeals wrote:

Federal immigration law provides that the Attorney General “shall take into custody,” “shall detain,” and “shall remove” aliens convicted of certain enumerated crimes and aliens who have become subject to final orders of removal.

Biden’s Department of Homeland Security “simply lacks the [legal] authority to make that [detention release] choice when the statutes plainly mandate such categorical [detention] treatment,” the judges said.

“Had the administration won … it would have gone on releasing [convicted] criminal aliens” from detention centers, said Dale L. Wilcox, executive director and general counsel of the Immigration Reform Law Institute. “We … applaud the Fifth Circuit for denying the administration the extra time it sought to violate the law and endanger Americans,” he added.

“It’s a pretty big victory,” said Andrew Arthur, a former immigration judge who now works with the Center for Immigration Studies. “It’s extremely well written, pretty straightforward, and it really does get into some of those [detention] issues that the Supreme Court passed on last week.”

The decision comes a week after the Supreme Court dodged the core issue of whether Biden’s government is violating Congress’s “shall detain” immigration law by refusing to detain newly arrived, non-criminal migrants, even when there is open space in detention centers.

The Appeals Court decision will likely be appealed by Biden’s staff. The appeal will push the Supreme Court to again consider if Biden’s pro-migration deputies are breaking multiple laws by not detaining newly arrived illegal migrants, said Arthur.

The Appeals Court’s decision includes a graphic showing the administration’s rapid reduction of the number of criminal migrants in detention while they appeal and re-appeal their deportation orders.

The Appeals Court noted that Biden’s release policies victimize many Americans:

In fact, in 2019, [the Department of Homeland Security] itself acknowledged that criminal aliens recidivate and abscond at higher rates:

“Of the 123,128 ERO administrative arrests in FY 2019 with criminal convictions or pending criminal charges, the criminal history for this group represented 489,063 total criminal convictions and pending charges as of the date of arrest, which equates to an average of four criminal arrests/convictions per alien, highlighting the recidivist nature of the aliens that ICE arrests.”

In November 2021, Breitbart News reported:

Jose Omar Bello Reyes, a 24-year-old illegal alien, is wanted by the Tulare County Sheriff’s Office in connection to the murder of a 58-year-old man whose body was recently found at an orchard. Two other suspects, 23-year-old Jesus Manjarrez and 38-year-old Dan Eli Perez, have been arrested in connection to the murder and are being held without bail.

Reyes has been living illegally in the U.S. since the year 2000. In May 2018, Reyes was arrested by ICE and given a Notice to Appear (NTA) before an immigration judge as he faced deportation. He was released from ICE custody on a $10,000 bail in August 2018.

That criminal damage to ordinary Americans is just one part of the vast damage caused by pro-migration advocates within the government, led by Biden’s pro-migration border chief, Alejandro Mayorkas.

For example, U.S. government officials — and their political allies — ignore the record deaths and rapes of migrants being delivered by the coyote-run networks to Biden’s government.

Biden’s officials also ignore the vast economic and civic damage to the sending countries — and the even greater direct economic harm inflicted on 300 million Americans — caused by the government’s colonialism-like policy of extracting workers, consumers, and renters from poor countries.

The case is Texas v. United States, No. 22-40367 in the U.S. Court of Appeals for the Fifth Circuit.

Extraction Migration

Since at least 1990, the D.C. establishment has extracted tens of millions of migrants and visa workers from poor countries to serve as legal or illegal workers, temporary workers, consumers, and renters for various U.S. investors and CEOs.

This economic strategy of Extraction Migration has no stopping point. It is brutal to ordinary Americans because it cuts their career opportunities, shrinks their salaries and wages, raises their housing costs, and has shoved at least ten million American men out of the labor force.

Extraction migration also distorts the economy and curbs Americans’ productivity, partly because it allows employers to use stoop labor instead of machines. Migration also reduces voters’ political clout, undermines employees’ workplace rights, and widens the regional wealth gaps between the Democrats’ big coastal states and the Republicans’ heartland and southern states.

An economy built on extraction migration also alienates young people and radicalizes Americans’ democratic, equality-promoting civic culture because it allows wealthy elites to ignore despairing Americans at the bottom of society.

The extraction migration economic policy is hidden behind a wide variety of noble-sounding excuses and explanations. For example, progressives claim that the U.S. is a “Nation of Immigrants,” that Americans have a duty to accept foreign refugees, and that the state must renew itself by replacing populations.

But the colonialism-like economic strategy also kills many migrants, exploits poor people, and splits foreign families as it extracts human-resource wealth from the poor home countries. The migration policy also minimizes shareholder pressure on companies to build up complementary trade with poor countries.

The polls show deep and broad public opposition to labor migration and the inflow of temporary contract workers into jobs sought by young U.S. graduates.

The opposition is growing, anti-establishment, multiracial, cross-sex, non-racist, class-based, bipartisan, rational, persistent, and recognizes the solidarity that Americans owe to one another.