• Florida’s Attorney General Ashley Moody has filed an amended complaint against Alejandro Mayorkas, Secretary of the Department of Homeland Security (DHS), Raul Ortiz, Chief of Border Patrol, and the United States of America in an ongoing legal battle between Florida and the Biden Administration.
• The complaint addresses DHS’s immigration policies, particularly the “new parole policy” and the NTA/own recognizance policy, which Florida alleges have led to the mass release of aliens at the Southwest Border, causing challenges and financial burdens for the state.
• Florida accuses the Biden Administration of violating public-safety immigration laws and implementing policies to weaken border security, making Americans less safe.
• The state is seeking a temporary restraining order, a preliminary injunction, and an order postponing the effective date of the new policy, with the ultimate goal of securing the vacatur of DHS’s parole policy.

In an ongoing legal battle between the State of Florida and the Biden Administration, state Attorney General Ashley Moody has filed an amended complaint against Alejandro Mayorkas, Secretary of the United States Department of Homeland Security (DHS), Raul Ortiz, Chief of Border Patrol, and the United States of America.

The amended complaint, filed in the United States District Court, Northern District of Florida addresses the Department of Homeland Security’s immigration policies and raises concerns over the mass release of aliens at the Southwest Border.

Florida’s amended complaint is predicated on DHS’s new parole policy, commonly referred to as the “new parole policy,” and the recently discovered NTA/own recognizance policy (NTA/OR Policy). Florida alleges that these policies have led to the mass release of aliens at the Southwest Border, posing significant challenges and financial burdens for the state.

“Biden’s will to violate public-safety immigration laws and release massive amounts of illegal immigrants into the country knows no bounds,” said Moody. “After we beat Biden in federal court multiple times, his administration admitted to a new policy to skirt the law and release immigrants into the country. We are fighting back against this outrageous and unlawful Biden policy designed to further weaken our border security—making Americans less safe.”

The legal dispute between Florida and the Biden Administration began in September 2021 when Florida initiated a legal case against the United States. The initial challenge focused on DHS’s “prosecutorial discretion” policy, which involved the mass release of immigrants at the Southwest Border without proper processing or accountability.

Following Florida’s lawsuit, the Department of Homeland Security replaced the prosecutorial discretion policy with the first Parole + Alternatives to Detention (ATD) Policy in November 2021. However, the policy changes continued as DHS introduced a new version of the parole policy in July 2022, acknowledging flaws in its previous iterations.

On March 8, 2023, the court issued a judgment vacating the Biden Administration’s Parole Plus Alternatives to Detention Policy under the Administrative Procedure Act. This ruling marked a significant development in Florida’s legal challenge, as it invalidated the policy that allowed for the mass release of aliens.

Per the filing, Florida’s amended complaint underscores DHS’s slow response to the court’s ruling, which took 58 days to file a notice of appeal, failing to seek an emergency stay. With the Title 42 order set to expire on May 11, the state argues that the Department appears unprepared for the expected influx of migrants at the Southwest Border.

Media reports have indicated that the Department of Homeland Security plans to resume the en masse parole of aliens immediately after the Title 42 order expires. However, Florida contends that such actions may violate the court’s vacatur of the Parole Plus Alternatives to Detention Policy. Furthermore, Florida accuses the Department of acting cynically and in bad faith, asserting that the intentions behind these actions run counter to the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA).

In response to these concerns, Florida is seeking a temporary restraining order, a preliminary injunction, and an order postponing the effective date of the new policy. Ultimately, Florida aims to secure the vacatur of the Department of Homeland Security’s parole policy through its amended complaint.