Brnovich is now asking Attorney General Merrick Garland to examine the matter, stating Facebook's policy "undermines the rule of law."
The California-based social media company responded July 30 to an inquiry from Brnovich, stating it uses its most stringent policies to crack down, ban and shield others from users who attempt to use the platform for illegal schemes that include human smuggling.
Nevertheless, the letter announced that the company enables people to share information on how to "enter a country illegally and or request information" on human smuggling.
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"After consultation with human rights experts, we developed this policy to ensure we were prohibiting content relating to the business of human smuggling but not interfering with people's ability to exercise their right to seek asylum, which is recognized in international law," the statement announced. "Allowing people to seek and share information related to smuggling can also help minimize the likelihood of them being exploited by human traffickers."
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In a response dated more than a month later, Facebook vice president of state public policy William Castleberry told Brnovich that while the platform does not allow "sharing content that offers to provide or facilitate human smuggling," it does "allow people to share information about how to enter a country illegally or request information about how to be smuggled."
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Castleberry explained that "after consulting with human rights experts, we developed this policy to ensure we were prohibiting content relating to the business of human smuggling but not interfering with people's ability to exercise their right to seek asylum." The Facebook executive added, "Allowing people to seek and share information related to smuggling can also help minimize the likelihood of them being exploited by human traffickers."
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In an Oct. 14 letter to Garland, Brnovich stated the federal government is accountable for investigating this admission.
"Facebook's policy of allowing posts promoting human smuggling and illegal entry into the United States to regularly reach its billions of users seriously undermines the rule of law," Brnovich wrote.
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Speaking to the situation on FOX Business' "Varney & Co." on Tuesday, Brnovich explained, "It is the federal government's job, the job of the U.S. Attorney's Office, to prosecute those cases. So instead of trying to intimate parents at local school board meetings for exercising their First Amendment rights, where the heck is the Biden administration and Merrick Garland when it comes to actually enforcing laws where they have the primary jurisdiction? And that includes human smuggling."
In August, 17,000 people illegally crossed into the Yuma sector of Arizona from Mexico, 2,300% more than the same month in 2020.
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