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Federal judge rebukes Biden administration in lawsuit over its 'catch and release' immigration policy


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The Center Square

(The Center Square) – A federal judge on Wednesday denied the Biden administration’s request to dismiss Florida’s lawsuit seeking to halt its “catch and release” immigration policy.

The administration argued Florida didn’t have legal standing to challenge its policies, and its polices “are beyond judicial review.”

U.S. District Judge T. Kent Wetherell of the Northern District of Florida Pensacola Division rejected the administration’s arguments in a blistering 37-page ruling.

 

Wetherell repeatedly argued its arguments “weren’t persuasive,” “defy logic,” and its policies are “not immune from judicial review.”Not holding back, he began his rebuke in the fourth paragraph.

“Suffice it to say the Court is wholly unpersuaded by Defendants’ position that they have unfettered discretion to determine how (or if) to comply with the immigration statutes and that there is nothing that Florida or this Court can do about their policies even if they contravene the immigration statutes,” the judge wrote.

“This position is as remarkable as it is wrong because it is well established that no one, not even the President, is above the law and the Court unquestionably has the authority to say what the law is and to invalidate action of the executive branch that contravenes the law and/or the Constitution,” he continued. “Thus, if Florida’s allegations that Defendants are essentially flaunting the immigration laws are proven to be true, the Court most certainly can (and will) do something about it.”:snip:

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