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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.

Advancing American Freedom (AAF) founder Mike Pence announced the filing of a merits amicus brief by AAF, Young America’s Foundation (YAF), and 42 additional organizations and individuals in Kennedy v. Bremerton School District at the Supreme Court of the United States. AAF previously filed an amicus brief asking the Supreme Court to hear the case, and the Court agreed to hear the case earlier this year.

In its amicus brief, AAF argues that brief prayers of personal thanks are protected by the First Amendment and that the Ninth Circuit’s ruling will severely curtail the private religious speech and freedom of public officials.

“Americans of faith do not turn their devotion off and on like a light switch, and we must reject any attempt by the government to control private religious expression—especially those who call on their faith when answering the call to participate in public service,” said AAF founder Mike Pence. “Advancing American Freedom will always stand up to unconstitutional restrictions on personal religious freedom and the free exercise of religion that are the lifeblood of our Republic.”

“Religious freedom is one of the most fundamental rights endowed to us by our Creator,” said YAF President Governor Scott Walker. “As First Amendment rights become increasingly under attack in America’s schools, Young America’s Foundation is proud to stand with Advancing American Freedom in urging the court to recognize and fight for these freedoms we hold dear.”

AAF argues that under the Ninth Circuit’s analysis “[n]early all public employees would lose their right to engage in brief, silent prayer and other religious expression.” And that “any visible practice of personal faith that occurs on duty and in the workplace is subject to government control. Public employees cannot escape or avoid this all-encompassing conception of government speech. No matter how personal or private, if speech or expression occurs in the presence of other individuals at the workplace during duty hours, in the conception of the Ninth Circuit, it is completely unprotected under the First Amendment.”

According to the amicus brief, scenarios that are commonly understood as protected by the First Amendment would be prohibited under the Ninth Circuit’s reasoning. These scenarios include but are not limited to: a teacher bowing her head in silent prayer of thanks while students are nearby before lunch in the school cafeteria, a civilian employee at the Pentagon keeping the Qur’an visibly on her desk so that she can read it during her personal time, and a teacher of Jewish faith wearing a yarmulke through the duration of each workday.

Additionally, the Ninth Circuit’s ruling would chill public employees from engaging in constitutionally protected acts of personal religious practice because individuals cannot reasonably be expected to interpret confusing and overbroad court opinions in order to determine if their personal religious practice would qualify as constitutionally protected.

As a result, AAF, YAF, and the co-signors ask the Supreme Court to “protect the ability of teachers and other government employees to express their protected First Amendment right to engage in private religious expression without fear of government retribution or Establishment Clause violation.”

Today’s amicus brief marks the sixth filed by AAF. Previous amici include Dobbs v. Jackson Women’s Health Organization, Carson v. Makin, Kennedy v. Bremerton School District, Shurtleff v. City of Boston, and National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration.

Please find a copy of the amicus brief HERE.