Advancing American Freedom (AAF) founder Mike Pence today announced the filing of an amicus brief in Biden v. Texas. In its amicus brief, AAF argues that the Biden administration is purposely disregarding federal immigration law in its pursuit to release as many illegal aliens into the United States.

“After inheriting the most secure border in American history, President Biden plunged the nation into its worst border crisis ever and, by rescinding the Migrant Protection Protocols, found a way to make it even worse,” said AAF founder Mike Pence. “The Biden administration cannot be allowed to disregard our immigration laws in pursuit of its radical policy agenda, and AAF is proud to stand up to this blatant assault on the rule of law.”

AAF argues that federal law is clear when it states if “an alien who is an applicant for admission…is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained” pending removal proceedings. Instead, the Biden administration sought to end the Migrant Protection Protocols (MPP) so that it can release more illegal aliens into the United States in violation of federal law.

While the Department of Homeland Security (DHS) claims that it lacks the resources to detain illegal aliens in compliance with federal law, it has not demonstrated the exhaustion of available methods that could be used to comply with the federal law that mandates detention.

In fact, DHS asked Congress to reduce funding for immigration detention beds while it contends that it is impossible to comply with the statutory detention requirements.

Additionally, DHS has deliberately eliminated family detention capacity instead of increasing capacity to handle the influx of families illegally entering the United States. At least one such family detention facility was repurposed to house single adults when DHS could utilize other tools, such as expedited removal, to handle the influx of single adult aliens.

AAF further argues that if the Biden administration and DHS retained the expanded expedited removal program—instead of rescinding it—it could have resulted in the availability of additional bed space and reduced overall detention times, making it easier for DHS to comply with federal law.

Finally, by rescinding MPP, the Biden administration eliminated an effective policy that helped curtail the crisis at the Southern Border of the United States. The protocol was responsible for a massive reduction in the number of aliens unlawfully present in the United States—from May 2019 to September 2019, border encounters with Central American families decreased by approximately 80% and the number of aliens apprehended decreased by 64%, according to DHS. Under MPP, the immigration system was stronger and more efficient. Meritorious claims were processed more quickly, meaning relief was granted in a matter of months instead of years.

To view AAF’s amicus brief, click here.