Attorney General Ashley Moody News Release
June 2, 2022
Contact: Kylie Mason
Phone: (850) 245-0150

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Attorney General Moody Catches Another Biden Administration False Statement, This Time to SCOTUS

TALLAHASSEE, Fla.—Through continued litigation efforts to stop the crisis at the border, Attorney General Ashley Moody uncovered documents showing the Biden Administration once again misrepresented the facts—this time to U.S. Supreme Court Justices. In briefs submitted and arguments made before SCOTUS in Biden v. Texas, the U.S. Department of Justice claimed it is longstanding federal policy to use detention capacity as a permissible basis for releasing illegal immigrants into the interior of our country.

However, U.S. Department of Homeland Security memos, obtained by Attorney General Moody’s office through litigation efforts challenging Biden’s unlawful immigration policies, show the DOJ statements to be untrue. In DHS memos from 2014 and 2015, federal officials state that lack of detention space is not an appropriate reason “to parole an inadmissible alien.”

Attorney General Ashley Moody said, “First, Secretary Mayorkas made misrepresentations to Congress. Now, DOJ did so to SCOTUS. It seems there is no limit to what Biden officials will say or do in the furtherance of unlawful policies designed to destroy our southern border and weaken our national security.

“The very fact that my office, through litigation efforts to rein in this out-of-control administration, has already uncovered two falsehoods by the Executive Branch to the Legislative and Judicial branches of our nation’s government is shocking. If the Biden administration is willing to mislead co-equal branches of our U.S. government, what aren’t they willing to say to the American public?”

Attorney General Moody outlined the false statement to SCOTUS in a letter to U.S. Attorney General Merrick Garland. The letter highlights statements from DOJ briefs in Biden v. Texas, as well as oral argument presented before SCOTUS in April. Florida joined an amicus brief in support of Texas in the litigation involving Biden’s rescission of the Remain in Mexico policy.

To view the letter, click here.

The letter marks the second time this year Attorney General Moody uncovered documentation showing Biden officials making misleading statements to co-equal branches of the federal government. Following the congressional testimony of DHS Secretary Alejandro Mayorkas claiming the Biden administration’s unlawful policies are not contributing to the influx of unvetted migrants, Attorney General Moody uncovered an internal document debunking that claim.

The DHS document shows that the Biden administration has knowledge that its policies are encouraging mass migration. The document also revealed that the Biden administration continues to undermine public-safety immigration laws, while being fully aware that Mexican drug cartels are facilitating the surge at the southwest border to charge migrants for safe passage in order to “feed cartel violence in Mexico and along the border.”

To view the DHS document, click here.

Attorney General Moody’s efforts to hold the Biden administration accountable for false statements and unlawful immigration policies continues through several ongoing lawsuits.