Florida sues Biden Administration over alleged release of criminal aliens

by | Sep 4, 2024



Florida Attorney General Ashley Moody filed a lawsuit against the Biden administration, accusing ICE and the Federal Bureau of Prisons of failing to release documents related to the alleged release of criminal aliens into U.S. communities after serving prison sentences.


Florida Attorney General Ashley Moody filed a lawsuit against the Biden administration on Tuesday, accusing federal agencies of failing to release public records related to the release of aliens into the United States.

The lawsuit, filed in U.S. District Court, names Immigration and Customs Enforcement (ICE) and the Federal Bureau of Prisons (BOP) as defendants and seeks to compel the production of documents requested under the Freedom of Information Act (FOIA).

The complaint alleges that the Biden administration’s immigration policies represent a significant departure from past practices, encompassing both Democrat and Republican administrations. Historically, criminal aliens brought to the U.S. for prosecution were deported immediately after serving their sentences. However, Moody contends in the complaint that the current administration is now releasing such individuals into U.S. communities, where they pose a public safety risk.

“This administration has made it clear they will not turn over documents showing this dangerous and unlawful scheme in a timely manner,” said Moody in a prepared statement. “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.”

Moody’s office originally filed a FOIA request in March, asking for records detailing federal policies that allegedly allow criminal aliens to remain in the U.S. after completing their prison sentences. The state claims that federal officials have failed to meet their legal obligation to produce the requested documents within the time frame mandated by FOIA.

The lawsuit seeks to compel ICE and BOP to search for and produce any documents related to Florida’s FOIA request, as well as an index of any documents withheld under legal exemptions. Florida is also asking the court to issue an injunction to prevent further delays in the production of these records and to award attorney’s fees to the state.

“Everyone has always assumed—in both Democrat and Republican Administrations—that such aliens would be deported the moment they finished their criminal sentence, the complaint reads. “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.”

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