Arizona Attorney General Mark Brnovich has initiated several legal maneuvers focused on forcing the Biden Administration to address the immigration crisis impacting Arizona. On Tuesday, he stepped away from the lawbooks and expressed his opinion about how Arizonans are being treated.
“America is a big generous country but what makes this country great is we have a Constitution and a Rule of Law,” Brnovich said. “And that means there is a process -there’s an orderly process- and what the Biden Administration has done is created chaos. They’ve made Arizona like a petri dish.”
To Brnovich, it appears President Joe Biden and Vice President Kamala Harris “don’t give a damn” about the financial impact to Arizona from thousands of illegal immigrants crossing the border every month. And he suggested they have given Arizonans “the middle finger, essentially” as Harris visited Guatemala this week to pledge U.S. taxpayer money to that country.
Brnovich also discussed the decision by U.S. Immigration and Customs Enforcement (ICE) to use a former Homewood Suites by Hilton in Scottsdale as a 72-hour Emergency Family Staging Center for asylum seeking families.
“It is absolutely unconscionable what the Biden Administration is doing,” he said about the Scottsdale plan, noting the hotel is one block from a school and in the middle of a neighborhood. “It frustrates me that more people aren’t sounding the alarms or joining us in all of our lawsuits.
Brnovich highlighted the fact the Biden Administration has 1.2 million people on deportation lists but has implemented a policy of no deportations, which is another topic the attorney general is litigating. The new policy allows immigrants with criminal histories to walk free in Arizona without supervision.
And, Brnovich added, federal authorities are refusing to take custody of immigrants as they complete their state prison sentences. Many have been convicted of serious crimes like arson and rape.
The fundamental problem, according to Brnovich, is that the Biden Administration “has incentivized and legalized illegal immigration” and is now monetizing immigration, not only for immigrants but also the Cartels. “We know that the Cartels are taking advantage of the situation,” he said.
On Wednesday, Governor Doug Ducey and a delegation of state lawmakers travelled to Yuma to call on the Biden administration to address the escalating humanitarian and security crisis on the U.S. / Mexico border. The officials received a briefing from U.S. Border Patrol, local law enforcement and community leaders.
The Governor was joined by Senate President Karen Fann, House Speaker Rusty Bowers, Adjutant General Kerry Muehlenbeck, Yuma County Sheriff Leon Wilmot, Yuma Mayor Doug Nicholls, Yuma County Supervisor Jonathon Lines, San Luis Mayor Jerry Sanchez, Cochise County Sheriff Mark Dannels, local agriculture leaders and other leaders and members of the legislature.
The officials received a briefing on Border Patrol operations from Chris T. Clem, Chief of the Border Patrol Yuma Sector. The Yuma Sector encompasses 126 miles of international border with Mexico, with three checkpoints currently manned by over 700 Border Patrol agents.
The tour follows the Governor’s Declaration of Emergency and decision to deploy the Arizona National Guard to the border to support law enforcement efforts.
Ducey declared a state of emergency in six counties including Cochise, Pima, Santa Cruz, Yuma, Maricopa and Pinal. The team of up to 250 Guardsmen, along with state troopers and other law enforcement agencies, will assist with medical operations in detention centers, install and maintain border cameras, monitor and collect data from public safety cameras, and analyze satellite imagery for current trends in smuggling corridors.
The state will provide up to $25 million in initial funding for the mission.
Arizona has filed a lawsuit against the Biden administration the garbage left behind by individuals crossing the U.S. Mexico border illegally. The Attorney General’s Office says it is suing the U.S. Department of Homeland Security for violating the National Environmental Policy Act.
The Attorney General’s Office (AGO) alleges that the immigration policies of the Biden administration are “destructive.” immigration policies. The AGO is asking the U.S. District Court in Arizona to void the decisions to stop border wall construction and the “Remain in Mexico” policy until the federal government complies with its obligations under National Environmental Policy Act (NEPA).
In its complaint, the AGO argues that DHS and other federal officials did not provide environmental impact statements or environmental assessments when DHS abruptly halted ongoing border wall construction and also began permitting entry of additional migrants by ending the “Remain in Mexico” policy.
Biden, in one of his first official actions on January 20, 2021, ordered the halting of ongoing construction of miles of border wall, leaving what the AGO an area residents claim are “haphazard and unplanned gaps between physical barriers,” which they say encourage “widespread illegal migration.”
Ranchers are concerned as well about the abandoned machinery and fencing that has been standing idle and eventually metals will leach into the water table and cause health issues for grazing cattle.
PHOENIX – Arizona’s Attorney General’s Office (AGO) has amended its February 3rd lawsuit against the U.S. Department of Homeland Security (DHS) over its immigration policy that halts nearly all deportations for 100 days, even for those charged with or convicted of crimes.
Montana Attorney General Austin Knudsen has also joined the Arizona lawsuit on behalf of the State of Montana. Arizona and Montana also filed a motion for preliminary injunction asking the court to stop the DHS policies from being implemented.
The original complaint challenged the DHS Memorandum issued on the first day of the Biden Administration, called the “immediate 100-day Pause on Removals.” In addition to the DHS policy, Arizona and Montana are also now challenging the “Interim Guidance” issued by the Acting Director of ICE on February 18, 2021, which tries to supersede the original Memorandum but does not substantively change the policy to pause nearly all deportations of those who entered the country before November 1, 2020.
The amended complaint alleges that the original Memorandum and the Interim Guidance were promulgated without providing notice to Arizona and Montana, in violation of each State’s Memorandum of Understanding (MOU) with DHS. Additionally, both policies are in direct violation of federal law, 8 U.S.C. § 1231, that requires an alien, who has received a final deportation order, to be removed from the United States within 90 days.
The DHS Memorandum states it is to be in effect for 100 days, and the Interim Guidance states it is to be in effect for 90 days, but no apparent limiting factor is explained. If this action is permitted to stand, DHS could implement these polices for a longer period or even indefinitely, thus allowing the current Administration to unilaterally amend immigration laws without the required congressional action.
Law enforcement officials also are telling the Attorney General’s Office (AGO) that DHS is releasing undocumented aliens without testing them for COVID-19. Many are worried hospitals and medical centers, which have been operating at or near full-capacity due to the pandemic, could be overwhelmed. Possibly even more disturbing, the AGO has learned DHS is releasing potentially dangerous individuals without any coordination with local law enforcement.
The preliminary injunction notes that DHS did not engage in any prior consultation with anyone—inside or outside the federal government—about the anticipated effects and costs of the Removal Moratorium, including the number of aliens with final removal orders who will be released from ICE custody and the detrimental impacts on public safety, health, and state and local finances from such releases. Further, DHS made no attempt to follow the Administrative Procedure Act’s notice-and-comment procedures in issuing the Memorandum/Removal Moratorium.
The motion includes declarations from Pinal County Sheriff Mark Lamb, Cochise County Sheriff’s Office Chief of Staff Mark Napier, President for the Yuma Medical Center Dr. Robert Trenschel, and Administrator of the Division of Criminal Investigation at the Montana Department of Justice Bryan Lockerby. These declarations illustrate the harms Arizona and Montana will suffer under the new DHS policies, including unreimbursed costs related to incarceration and healthcare costs.
PHOENIX – Arizona’s Attorney General has joined a coalition of 12 states in filing a lawsuit against President Joe Biden’s administration over a massive expansion of federal regulations through executive order.
The lawsuit challenges President Biden’s Executive Order 13990, titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The states allege that the Biden Administration did not have the authority to issue binding numbers for the social costs of greenhouse gases to be used in federal regulations, and that the potential stringency of federal regulations that could come from this executive order will stifle manufacturing, harm agriculture, and have serious economic impacts across the country.
Two industries that will be impacted by President Biden’s executive order are manufacturing and agriculture. According to the Arizona Department of Agriculture, the agriculture industry provides $23.3 billion to Arizona’s economy, resulting in 138,000 jobs. Manufacturing is also a key sector and an economic driver in Arizona. In 2019, manufacturers in Arizona produced approximately $31 billion worth of economic output – accounting for 8.4% of the state’s total GDP, according to the U.S. Bureau of Economic Analysis. Additionally, the industry has seen strong job growth. As of 2019, there were 177,300 manufacturing jobs in Arizona.
The lawsuit notes that the President’s interagency working group place the social cost of carbon dioxide, methane, and nitrous oxide at approximately $9.5 trillion; $269 billion for carbon dioxide, $990 billion for methane, and $8.24 trillion for nitrous oxide (assuming similar rates of emission between 2019 and 2020 in the United States, and a discount rate of 3%).
The states argue in the lawsuit that using these interim values could massively expand the scope and reach of the regulatory power of the federal government, potentially impacting the United States’ economy and every household in America.
In arguing that President Biden’s administration did not have the authority to enact this executive order and that this action should be taken by Congress, the lawsuit points to several reasons, including that the executive order did not have statutory authorization to create the working group, nor did the working group have statutory authority to set values for the social costs of carbon, methane, and nitrous oxide that “shall be used by regulatory agencies administering statutes pursuant to statutory delegation of authority enacted by congress.”
Further, the lawsuit states that dictating binding values for the social costs of carbon, nitrous oxide, and methane is a legislative action “that the Constitution vests exclusively in Congress through the vesting clause of Article I, § 1 of the Constitution.” The President’s exercise of this legislative authority thus violates the separation of powers, the most fundamental bulwark of liberty.
The lawsuit also alleges that the working group violated the requirements of the Administrative Procedure Act. The lawsuit points to the fact that there was no public notice or opportunity for public comment before publishing interim estimates, and that the proper weight was not given to the positive benefits of “affordable and reliable domestic energy and agricultural production.”
In addition to Arizona, state attorneys general from Arkansas, Indiana, Kansas, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, and Utah joined the suit.
