MS among other states supporting challenge to DHS policies related to enforcement of detainers for illegal aliens convicted of certain crimes.
On Wednesday, Attorney General Lynn Fitch joined a coalition of 19 states filing an amicus brief at the Supreme Court of the United States in Texas v. United States. The States support the challenge to U.S. Department of Homeland Security’s (DHS) policies related to enforcement of detainers for illegal aliens convicted of certain crimes.
The DHS policy halts nearly all arrests and deportations and drastically ties the hands of immigration officers.
Attorney General Fitch said that the policies at the border have led to chaos and left dangerous cartels in charge.
“The Biden Administration’s policies at the border have led to chaos and left dangerous cartels in charge,” AG Fitch said. “This failure to protect our border integrity is leading to bigger problems in Mississippi, such as opioid deaths and human trafficking. Every state is a border state now, and I am prepared to do what is necessary to protect Mississippi.”
The States argue in their amicus brief that in the last 17 months, the volume of unlawful immigration has soared to levels unseen in the United States in decades.
“So too have the resulting burdens placed on the States,” the States said. “But the federal government steadfastly refuses to acknowledge those costs: either in considering the harms to States and their reliance interests in rulemaking, as the Administrative Procedure Act (“APA”) demands, or in court by refraining from reflexively advancing baseless standing arguments premised on the States somehow never suffering a scintilla of cognizable harms from DHS’s unprecedented and appalling failures.”
“DHS’s lawless refusal to enforce immigration laws as written— exemplified by the challenged action here, which reads multiple “shall”s as mere “may”s—continues to impose significant costs on the States, including billions of dollars in new expenses relating to law enforcement, education, and healthcare programs. Those harms are exacerbated by DHS’s increasingly brazen disrespect for the requirements of our nation’s immigration laws and the APA,” the States continued.
The amicus brief said that as sovereigns within the federal system of dual sovereigns, the States also have an important interest in ensuring that the federal government respects the rule of law.
“DHS’s challenged policies here, however, reflect a corrosive disrespect for that bedrock principle,” the States added.
You can read the full amicus brief below.