Carr Files Suit Against Biden Administration’s Dangerous and Unlawful Immigration Policy

ATLANTA, GA – Attorney General Chris Carr has joined with two attorneys general in filing suit against the Biden administration’s dangerous and unlawful immigration policy. As issued by the U.S. Department of Homeland Security (DHS), the policy seeks to avoid the deportation of many illegal immigrants, including those convicted of drug trafficking, domestic assault and other criminal offenses.

“The Biden administration’s dangerous and unlawful immigration policy encourages illegal border crossings and poses a threat to law-abiding citizens across our state and nation,” said Carr. “This unprecedented attempt to circumvent federal immigration law ultimately emboldens criminals and undermines the efforts of our law enforcement officers who work each day to protect and defend our country and our communities. It is the paramount duty of government to protect person and property, and we will fight every day to ensure all Georgians are kept safe.”

Through multiple acts of legislation, Congress has instructed the Executive Branch to arrest, detain and deport certain criminal aliens due to concerns that those who are not detained continue to engage in criminal activities and fail to appear for removal proceedings. The Biden administration’s immigration policy would allow certain criminals who entered the country illegally to return to our communities without warning to the states or the public.

In filing suit, Georgia is asking the court to permanently stop DHS, U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services from enforcing the policy.

Specifically, the lawsuit asserts that the Biden administration’s immigration policy:

• Exceeds the authority of DHS;
• Is arbitrary and capricious;
• Illegally bypassed notice and comment; and
• Is unconstitutional.

Carr has joined with the attorneys general of Alabama and Florida in filing the lawsuit in the U.S. District Court for the Northern District of Alabama (Middle Division). Access a copy of the complaint  here .

This lawsuit is one of several actions Carr has taken against the Biden administration’s dangerous border and immigration policies. In August 2021, Carr joined with 15 attorneys general in filing an amicus brief to stop this same unlawful immigration policy, then considered Interim Guidance.

In February 2021, Carr joined a coalition of 18 states in urging the Biden administration to reverse its last-minute cancellation of Operation Talon, a nationwide ICE operation that focuses on the removal of convicted sex offenders who are illegally present in the U.S.

In January of this year, Carr joined with 15 attorneys general in urging the Biden administration to strengthen its efforts to fight the influx of deadly fentanyl that is flooding into the country from Mexico and China. According to CBP, fentanyl trafficking during FY 2021 increased by 1,066 percent. In Georgia, fentanyl-involved overdose deaths increased by 106.2 percent from May 1, 2020, through April 30, 2021.

Finally, in February , Carr also joined a coalition of 14 states in calling for the resignation of DHS Secretary Alejandro Mayorkas for his refusal to enforce the law and secure the border. This past February, CBP encountered 164,973 migrants at the southwest border, compared to 101,099 in February 2021 and 36,687 in February 2020.