Florida Wins, Blocks Mayorkas’ Parole Gateway

A three-judge federal appeals court in Georgia has rejected an administration request for permission to keep releasing illegal migrants into Americans’ society via the parole pathway.

The rejection is a win for Florida’s Attorney General — Ashley Moody — because it narrows the parole gateway that President Joe Biden’s pro-migration border chief is using to let poor economic migrants compete against Americans for jobs, housing, and school attention.

But the win will likely be appealed by the administration to the U.S. Supreme Court.

The three judges on the U.S. Court of Appeals for the Eleventh Circuit declared:

The Department of Homeland Security1 (“DHS”) has filed a motion to stay two orders pending its appeal in this case: (1) the March 8, 2023, order that vacated DHS’s Policy on the Use of Parole Plus Alternatives to Detention to Decompress Border Locations (the “Parole+ATD policy”); and (2) the May 16, 2023, order enjoining DHS’s Parole with Conditions in Limited Circumstances Prior to the Issuance of a Charging Document memorandum (the “PWC policy”).

…

DHS therefore has failed to establish one of the two “most critical” factors …. we do not find a stay pending appeal to be warranted as to either of the district court’s orders.

WATCH — Mayorkas: Biden “Has Led the Greatest Expansion of Lawful Pathways” for Asylum:

The decision is good, said Andrew Arthur, a former immigration judge who now works with the Center for Immigration Studies. “They released 130,000 illegal migrants [via parole] in just the month of December … but [only] one last month” after Florida won its lower-court case in March, he told Breitbart News.

But the rejection is also a step closer to blocking the bigger asylum loophole — and other loopholes — that Mayorkas is creating as he tries to resettle millions of migrants into U.S. cities and towns, said Arthur.

Florida has also expanded its lawsuit by asking the judge to block other releases via parole — which likely would block the release of migrants who are trying to use the asylum loophole.

FL has updated its complaint (presentation of args) in parole case to say that it will seek temp restraining order (TRO) of releases based on NTAs & own recognizance.

Motion for TRO not filed yet, but if granted would be huge!https://t.co/5Aozh9Ekxu

— Kathleen Bush-Joseph (@KathleenBushJo2) June 1, 2023

“The Florida Attorney General … is playing a game of Whac-a-Mole” with Mayorkas and his loophole-creating lawyers, Arthur said.

For example, Mayorkas and his deputies are already allowing job-seeking white-collar illegals to fly into the United States on B-1/B-2 visitor visas, they are preparing to resettle very many migrants via the president’s uncapped refugee program, and they are planning to welcome 100,000 left-behind children and wives of illegal migrants from Central America.

RELATED: DHS Chief Mayorkas Claims Border Is NOT OPEN Despite Biden Ending Title 42:

Secretary Alejandro Mayorkas via Storyful

But many GOP-legal states are already suing to block Mayorkas’s “CBO One” loophole and his parole flights from Cuba, Nicaragua, Haiti, and Venezuela. Those two routes are scheduled to import roughly 8o0,000 illegals in the next year — not counting the very many illegals who sneak past the poorly guarded border.

“Here’s the bigger issue,” warned Arthur:

Under the 2015 Flores [court] decision, they can only hold the families for 20 days. The Biden administration already decided back in December 2021 that it wasn’t going to detain families at all. So the next big [southern] influx that you’re going to see are people coming with kids [to get through Mayorkas’ loopholes].

Texas National Guardsmen reinforce a stretch of razor wire as migrants try to cross into the U.S., on the banks of the Rio Grande, as seen from Matamoros, Mexico, on May 11, 2023. (AP Photo/Fernando Llano)

Mayorkas’ deputies are also making it easier for smugglers to distribute children to unrelated groups of adults so that more adults can sneak through using the family loophole.

The good news is that the federal judge who gave the victory to Moody and Florida in March hinted that he wants to rule against the 2015 Flores decision, Arthur said.

Florida-based district court Judge T. Ken Wetherell “actually said, ‘You know, you keep falling back on Flores, but Flores doesn’t comply with the law and I’m wondering why you’re not challenging a decision that doesn’t comply with the law,’” Arthur said.

“There is nothing inherently inhumane or cruel about detaining aliens pending completion of their immigration proceedings,” Wetherell wrote.  “The [government] witnesses admitted as much in their testimony and there is no contrary evidence in the record.”

Immigrants seeking asylum in the U.S., who are stuck in a makeshift camp between border walls between the U.S. and Mexico, gather near a U.S. Border Patrol agent on May 12, 2023 in San Diego, California. (Mario Tama/Getty Images)

In response, Mayorkas will likely invent new loopholes, and complain about the logistics of detaining many migrants until their asylum claims are resolved, Arthur said.

Biden’s deputies want to welcome more migrants so they “are going to keep picking around whatever authority they have under the immigration law,” Arthur predicted, adding:

They’re not going to stop doing what they’re doing. The [state attorneys general] are making it harder for them and are slowing them and are forcing them to have to shift course, but they’re not completely stopping … It’s incumbent on the states that are fighting this to keep fighting it every time one of these [loopholes] comes up, …. [Mayorkas’s team] has been getting away with this, but, you know, they’ve lost some pretty big cases of late, and these states are actually making an impact in shutting this down and forcing them to change their operations …. The more that they slow the [catch-and-release] process, the fewer people are going to come.

“All of this is going to end up with the Supreme Court sooner rather than later, probably sooner,” he added.

“Florida did a great discovery job in this thing — they made chicken salad out of chicken shit,” Arthur added.

DESANTIS: “I’m frustrated on things like the border, because I’ve been listening to these politicians talk about securing the border for years and years and years.”

“And I could tell you if I’m President, this will finally be the time where we bring this issue to a conclusion.” pic.twitter.com/bHL44yTHM0

— Florida’s Voice (@FLVoiceNews) May 31, 2023

Biden’s deputies repeatedly say they are importing migrants to skew the economy in favor of employers.

“We need workers that we just don’t have enough of — so it is in our interest to bring people in and to stay competitive globally,” Katie Tobin, then the senior director for transborder security on the National Security Council, said on May 15.

“Our programs …. are far outdated to really meet the economic needs as well as the economic opportunities [for migrants] that immigration can provide,” Mayorkas said January 8.

“There are businesses around this country that are desperate for workers [and] there are … desperate workers in foreign countries that are looking for jobs in the United States, ” Mayorkas said on May 11.

So far, the GOP has done little to stop the economic inflow, or even to pressure Mexico on trade, even as many Republicsn members complain about border chaos and drug smuggling.

The case is Florida v. United States, No. 23-11528, in the U.S. Court of Appeals for the Eleventh Circuit.