On Monday, a federal judge ordered the Biden administration to continue executing Title 42, a Trump-era policy allowing for expedited deportations and asylum processing.
Louisiana Western District Court Judge Robert Summerhays, a Trump-appointed judge and native of Fort Worth, Texas, issued the temporary restraining order (TRO). According to the conference minutes, the attorney generals engaged in the case will negotiate with the Biden administration on how to continue implementation of Title 42.
BREAKING: I am so proud of the lawyers from our office who just got a Temporary Restraining Order to keep Title 42 in place. We will continue to fight the Biden administration's open border policies.
The TRO was the latest development in Brnovich’s lawsuit against the Biden administration for ending Title 42 at all, in what Brnovich characterized as “the worst border crisis in history.” Per monthly and annual reports from U.S. Customs and Border Protection (CBP), Brnovich’s assessment appears accurate.
Brnovich led two other states, Louisiana and Missouri, in filing the lawsuit.
In a press release, Brnovich thanked Summerhays for keeping Title 42 in place.
“The Biden administration cannot continue in flagrant disregard for existing laws and required administrative procedures,” remarked Brnovich.
In some reports, the case is filed as Arizona v. Centers for Disease Control & Prevention, et al., but federal court records list the case as Louisiana, et al. v. Centers for Disease Control & Prevention. The case number is 6:22-cv-00885.
The Biden administration promised to end Title 42 come May 23. However, the attorney generals learned through court filings provided by the Department of Homeland Security (DHS) that the policy was being terminated prematurely.
The next hearing on that lawsuit is scheduled for May 13.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Tuesday, half of America’s governors launched a strike force to control the ongoing border crisis. The American Governor’s Strike Force was modeled after Governor Doug Ducey’s Arizona Border Strike Force, established in 2015.
“If our entire southern border isn’t secure, our nation isn’t secure,” said Ducey. “As dangerous transnational criminal organizations continue to profit from holes in the border and fill our communities with drugs, it’s no coincidence that we’re seeing historic levels of opioid-related deaths.”
Today we are launching the American Governors’ Border Strike Force – a partnership among 26 governors to do what the federal government won’t: secure the southern border.
The American Governor’s Strike Force aims to improve intelligence on state crimes traceable to the border, cybersecurity, as well as tracking of drug trafficking and human smuggling.
The coalition of 26 governors launched the strike force in an effort to precede the Biden administration’s plan to lift Title 42 at the end of May. The policy allows expedited deportation of illegal immigrants from the country. Title 42 came into play in early 2020 under former President Donald Trump through the Centers for Disease Control (CDC) as an effort to control the COVID-19 spread.
As of the latest Customs and Border Protection (CBP) data, there have been nearly 2.6 million encounters/apprehensions on the southern border since President Joe Biden took office. That doesn’t include “getaways,” estimated to be tens to hundreds of thousands of times more.
By comparison, there were over 2.4 million encounters/apprehensions under Trump’s entire tenure.
Following a suspected #vehicle incursion at the border near Douglas, AZ, Tucson Sector agents arrested 17 migrants near an abandoned pickup truck. Based on tire tracks, a second vehicle traveling the same route returned to #Mexico. #GreatWork intercepting the smuggling attempt. pic.twitter.com/Nmf4GOStvY
2021 under Biden didn’t only reflect record highs in illegal immigrant apprehensions and encounters. Last year, transnational criminal organizations brought in around $3 billion from human smuggling. Additionally, fentanyl overdoses accounted for a record high of more than 77 percent of adolescent deaths in Arizona, as well as resulting in the leading cause of death for individuals aged 19 and younger.
🚨Massive fentanyl siezure in southern Arizona The Pima County Sheriff's Department said a female, 47, was stopped with approx 371,000 fentanyl pills/$1.4M in her car. Per DEA 42% of pills tested for fentanyl contain at least 2 mg of fentanyl considered a potentially lethal dose pic.twitter.com/dJnrr1DvtQ
Ducey and Texas Governor Greg Abbott teamed up last December to form the governors’ coalition. The pair recruited 24 other governors: those representing Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Maryland, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
In January, Ducey promised the strike force in his State of the State Address. Ducey characterized the strike force as a solution to the Biden administration’s lack of progress on controlling the border crisis.
“Texas Governor Greg Abbott and I are teaming up to form the American Governors’ Border Strike Force: a commitment between states to do what the Biden administration is unwilling to do: patrol and secure our border,” said Ducey.
Ducey and Abbott’s initiative came after months of negotiations and proposals with the Biden administration to mitigate the crisis. Ducey cataloged those efforts in his latest press release announcing the strike force.
Smugglers will try anything to bring narcotics into our communities.
Nogales Station agents at the I-19 Checkpoint seized methamphetamine and fentanyl from two U.S. citizens traveling on a shuttle bus. @Arizona_DPS responded, and both smugglers face criminal charges. pic.twitter.com/b61XTbhBed
Senators Mark Kelly (D-AZ) and Kyrsten Sinema (D-AZ) championed their work to mitigate the border crisis Monday, highlighting several key provisions they secured in Congress’ annual budget bill. Their press release came the same day as the latest data was published by Customs and Border Protection (CBP), reporting nearly 165,000 illegal border crossings in February: the highest number for that month since 2000. The record high complements the record 154,000 illegal crossings in January. Those numbers fall in line with the Department of Homeland Security (DHS) prediction at the onset of this year that the border crisis would worsen throughout 2022.
None of their provisions included finishing the border wall. As AZ Free News reported last month, the Arizona legislature passed two separate bills to finish the border wall, allocating hundreds of millions to cover the remaining 17 miles. The House and Senate must consider the bills passed by the other before they will go before the governor.
Additionally, suggestions by Governor Doug Ducey presented in draft legislation for Sinema and Kelly were recognized and ignored in part. Ducey’s legislation called for border wall completion, physical barriers, and virtual surveillance; requirement that asylum seekers who have traveled through another country attempt to claim asylum in that country; requirement for asylum seekers to claim asylum at a port of entry; an increase in immigration judges; additional funding for local law enforcement and humanitarian efforts; and a clear declaration by the federal government that the borders aren’t open for immigration except through a port of entry and legal means.
Sinema and Kelly’s acquisitions that fulfilled Ducey’s requests were additional funding for local law enforcement and humanitarian efforts, as well as border security technology which includes virtual surveillance. In addition to their other border infrastructure investments, Sinema and Kelly secured over $2.3 billion.
Sinema emphasized that the billions would allow not only American citizens to be kept safe, but to ensure that the illegal immigrants receive fair and humane treatment.
“These critical resources will help secure the border through improved technology and additional personnel, manage the flow of migrants to keep Arizona communities safe, and provide Arizona nonprofits and DHS the resources needed to ensure migrants are treated fairly and humanely,” said Sinema.
Kelly alluded that there wasn’t a guarantee that further border crisis-related burdens wouldn’t befall Arizona in the future.
“The crisis at the border continues to put a strain on our communities and law enforcement as they work to maintain a safe and orderly process. It’s critical that we are bringing needed technology, personnel, and other resources to improve border security,” said Kelly. “I’ll keep working with my Republican and Democratic colleagues in the Senate and continue pushing the Biden administration to ensure Arizona does not bear the cost of this crisis.”
From 2000 to 2006, the total number of illegal crossings at all borders hovered around one million. Then, from 2007 to 2011, that number dropped steadily from under 900,000 to 340,000. The number of crossings picked up slightly and fluctuated between 300,000 to 500,000 from 2012 to 2018. A sharp spike of 860,000 occurred in 2019, before petering off to 405,000 in 2020.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The State of Arizona is getting no support from the White House against an ongoing invasion by Mexican cartels, which gives Gov. Doug Ducey the authority to deploy the Arizona National Guard in self-defense, according to a legal opinion released by Arizona Attorney Mark Brnovich on Monday.
“The federal government’s failure to secure the border and protect Arizona from invasion is dangerous and unprecedented,” the 25-page opinion states. “Thankfully, the Founders foresaw that States might need to protect themselves from invasion and made clear in the Constitution that States retain the sovereign power to defend themselves within their own territory.”
The attorney general’s opinion was prompted by an inquiry submitted in October by Rep. Jake Hoffman (R-LD12) about whether the Biden Administration “has failed –intentionally or unintentionally– to uphold its obligations” under Article IV of the U.S. Constitution to protect Arizona from invasion.
The opinion contends the federal government “has lost or severely degraded its operational control” of Arizona’s 372-mile border with Mexico, where cartels and gangs are openly trafficking in drugs, weapons, and human beings while engaging in attacks on Arizonans and acting “as if they are above the law.”
Among the issues the attorney general examined in response to Hoffman’s inquiry was the definitions of “actually invaded” and “invasion” as used in the State Self-Defense Clause and the Invasion Clause of the U.S. Constitution.
ARTICLE I, SECTION 10
“…No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
ARTICLE IV, SECTION 4
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”
The examination also included whether a state has constitutional power to defend itself from “hostile non-state actors” such as armed cartels or only an invasion by a foreign power. Finally, the attorney general had to determine whether the current crisis at the Arizona / Mexico border satisfies the definitions of “actually invaded” and “invasion.”
“The violence and lawlessness at the border caused by transnational cartels and gangs satisfies the definition of an ‘invasion’ under the U.S. Constitution, and Arizona therefore has the power to defend itself from this invasion under the Governor’s authority as Commander-in-Chief,” the opinion states, adding that an invasion “permits the State to engage in defensive actions within its own territory.”
The legal questions addressed by the attorney general have not been adjudicated in court with factors similar to the situation in Arizona. However, the opinion was welcomed by Hoffman, who called on Ducey to utilize the powers afforded to him by the U.S. Constitution to immediately secure the border.
“I’m glad to see that Attorney General Brnovich today agreed with my assessment that the crisis occurring on our southern border constitutes an invasion and a total failure by the Biden administration to fulfill its constitutional obligation to protect the people of Arizona,” Hoffman said.“The human smuggling, cartel drugs and violence, sex trafficking, and other illicit activity must end.”
Ducey’s office did not issue a formal comment on whether the governor agrees with the opinion’s legal conclusions of his authority as commander-in-chief. Since April 2021, several dozen National Guard soldiers have been rotated in and out of border county sheriff’s offices to perform administrative, non-law enforcement functions.
This has been well-received by the sheriffs as it frees up deputies to respond to the increase in reported crimes along the border.
According to the federal government, the unprecedented border crisis plaguing Arizona will likely only get worse this year. Department of Homeland Security (DHS) officials informedReuters that they’re preparing for up to 9,000 border arrests a day, topping last year’s daily average which was nearly 3,000 less apprehensions.
It is unclear how Border Patrol will handle the additional onslaught of illegal immigrants, as detention centers are already far overwhelmed. Last December, Customs and Border Patrol (CBP) reported record numbers of illegal immigrant encounters.
Governor Doug Ducey is attempting to sway federal lawmakers to increase border security personnel and resources to combat the current and now forecasted additional onslaught of illegal immigrants. As AZ Free News reported, a majority of Arizona law enforcement supports Ducey’s proposal to greatly increase border security. The governor’s office coordinated with other state leaders in drafting the federal legislation in the hopes that Senators Mark Kelly (D-AZ) and Krysten Sinema (D-AZ) will show their support.
Kelly may not be much help; he’s been the least outspoken on the border crisis of the two senators.
Even if legislation were to get past the House and Senate, President Joe Biden may object to the legislation. The last time that Biden posted about the border was in September; however, he wasn’t addressing the crisis. Biden chose to speak out about the treatment of the illegal Haitian immigrants, threatening investigation over debunked claims that border agents were whipping the aliens.
I'm heartbroken by the treatment of Haitian migrants at our border — and I acknowledge it is only the latest of many historic indignities that Haitians have faced. We will continue to offer assistance and investigate wrongdoing. I remain committed, as ever, to Haiti's future. pic.twitter.com/Cu1TlqF4EA
That isn’t to say the president hasn’t addressed issues of the border privately. Again, however, his concerns don’t reflect the crisis-level inundation of illegal immigrants, but instead their reception by the states. CNN claimed in a report this week that it obtained internal documents in which the Biden Administration threatened legal action against the state of Florida for threatening to revoke licenses to the shelters holding unaccompanied migrant children. Florida’s general counsel, Ryan Newman, claimed that the Biden Administration’s handling of the children was tantamount to a “human trafficking scheme.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
