Texas Sheriffs Sue Pres. Joe Biden for Restricting ICE's Authority to Arrest, Deport Illegal Immigrants
U.S. President Joe Biden speaks during a Fourth of July BBQ event to celebrate Independence Day at the South Lawn of the White House July 4, 2021 in Washington, DC. President Biden and first lady Jill Biden hosted about 1,000 guests, including COVID response essential workers and military families, to celebrate the nation’s 245th birthday. Alex Wong/Getty Images

A group of Texas sheriffs had sued President Joe Biden's administration for restricting the Immigration and Customs Enforcement's (ICE) authority on apprehending and deporting illegal immigrants.

Texas sheriffs involved in the lawsuit are from the border counties of Kinney, Edwards, McMullen, and Hudspeth, The Daily Wire reported.

The sheriffs, together with an association of ICE officers, accused the administration of Joe Biden of violating the federal immigration law with its restrictions on ICE operations.

The lawsuit noted that the Biden administration's actions have prohibited ICE agents from arresting illegal immigrants allegedly involved in crimes such as human trafficking and drug smuggling.

The lawsuit noted that since the February 18 memorandum, ICE agents have been unable to take custody or issue detainer requests for criminal immigrants.

The said memorandum directed ICE to focus on deporting immigrants who are national security or terrorist threats. It also ordered ICE to focus on deporting immigrants who are gang members and those who have been convicted of certain aggravated felonies.

Under the new Biden administration rules regarding immigration enforcement, ICE had done 3,000 deportations last month, which is the lowest level on record. ICE's 6,000 agents currently average one arrest every two months, The Washington Post reported.

ICE Under the Administration of Joe Biden

The administration of Joe Biden has rejected calls from some Democrats to eliminate the agency entirely and has instead put it under probation.

Meanwhile, advocacy groups and lawyers are pushing to eliminate more detention facilities and reduce deportations even further despite the increase in illegal crossings, leading to the current border crisis.

Department of Homeland Security Secretary Alejandro Mayorkas earlier announced that they would be shutting down two ICE detention centers.

However, he noted that he does not want to reduce ICE staffing or funding, adding that he wants to reorient the agency and not shrink it.

Mayorkas also said that he wants to elevate all of the other work that ICE does and ensure that its civil immigration work is well-focused in the service of security and safety mission.

Acting ICE Director Tae Johnson issued a memo in February, instructing ICE officials to hold off on taking illegal immigrants into custody without the ICE leadership's permission, according to a Fox News report.

Local police officers were able to arrest illegal immigrants and handed them over to ICE officials before the February memo. Currently, sheriffs are now meant to release illegal immigrants back into society.

Kris Kobach, the former Kansas secretary of state and the lead attorney for four Texas sheriffs and a law enforcement group, said the Biden administration policy stands in direct violation of not one, but three, different federal statutes.

Kobach noted that it has also fueled the border crisis, encouraging more illegal immigration. He added that it also made a burden for local law enforcement in Texas.

Border Crisis

The U.S. Customs and Border Protection (CBP) noted that there were 180,000 border crossings in May, which is a two-decade high and a 76 percent increase since February, ABC News reported.

The administration of Joe Biden has addressed the migrants' influx by changing ICE detention facilities into quick processing centers and expanding migrant child care facilities.

CBP said in a statement that a large number of expulsion during the pandemic has contributed to several non-citizens making multiple border crossing attempts.

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