“The lawsuit seeks to have them actually follow the law, follow the Constitution. Maria, you will hear excuses for why they don’t enforce immigration laws in certain instances, prosecutorial discretion, focus on the most threats,” DeSantis told Fox News’ Maria Bartiromo on Sunday.
“These are the most threatening folks. They are criminally convicted aliens. And they are not even doing that. You cannot totally default on your responsibility to enforce the law under the Constitution.”
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Ashley Moody, State Attorney, announced Florida’s lawsuit in early March, claiming that the series of new rules narrowing the administration’s immigration enforcement priorities called “interim enforcement priorities” risked the safety of Floridians as well as illegal alien victims.
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These preferences include shrinking immigration enforcement to three sections: people who have been involved in or suspected of terrorism or espionage; immigrants who traversed into the United States illegally on or after Nov. 1, 2020; and people sentenced to an “aggravated felony.”
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The guidelines were published by two memoranda—known as the Jan. 20 memo and Feb. 18 memo—that changed the way federal immigration and other law enforcement agencies would work.
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The first memo was published on Jan. 20 and acted as interim guidelines for DHS agencies to follow while a study of policies and methods regarding immigration enforcement was in effect. The guidelines primarily focused all enforcement efforts to the three levels, as well as issue a 100-day halt on deportations.
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At the time, the department backed its decision by saying that “DHS cannot respond to all immigration violations or remove all persons unlawfully in the United States” due to limited resources.
The second memo was out on Feb. 18 as additional guidance to the Jan. 20 memo and also called ICE officers to get pre-approval from managers to catch some illegal immigrants if they do not come within the three categories. The Feb. 18 memo is expected to last for three months after which DHS Secretary Alejandro Mayorkas is expected to issue new enforcement guidelines for the department.
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“By focusing our limited resources on cases that present threats to national security, border security, and public safety, our agency will more ably and effectively execute its law enforcement mission,” ICE Acting Director Tae Johnson said in a statement at the time.
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DeSantis described the policy changes as “reckless.”
“Normally, when we’d have a criminal alien, convicted of a felony, they obviously served their sentence in Florida state prison. And prior to the Joe Biden administration, ICE would take control of them when they finish their sentence and remove the criminal alien and send them back to the home country,” he said.
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