As Biden’s Wide Open Border Causes Terrorism Concerns, AG Moody Leads Multistate Coalition Demanding Congress Grant State Officials Power to Perform Immigration Functions

TALLHASSEE, Fla.—As Biden’s wide open border causes terrorism concerns, Attorney General Ashley Moody is leading a multistate coalition of 26 attorneys general pushing Congress to grant state officials the power to perform immigration functions when the federal government refuses. The Southwest border continues to see record-breaking numbers of inadmissible immigrants flooding in—more than 7 million illegal immigrants have walked freely into the country since Biden took office—including more than 280 individuals encountered on the terrorist watchlist since fiscal year 2021. The most recent statistics released by U.S. Customs and Border Patrol show 269,735 migrant encounters in September alone. 

Attorney General Ashley Moody said, “On day one, Biden began intentionally dismantling our public safety immigration structure. President Biden and Secretary Mayorkas have outright ignored federal law, and we have uncovered numerous ‘secret plans’ to allow for the mass release of unvetted and inadmissible migrants. This is not only in direct conflict with federal law, but it has also put Americans’ safety in jeopardy. Deadly fentanyl is freely flowing into our country with the cartels maintaining operational control of the border, killing hundreds of thousands of our citizens.

“More than 280 people on the terrorist watchlist have been caught illegally crossing. While that number sounds high, it is likely low in comparison to those who have evaded capture. Congress must pass the Immigration Enforcement Partnership Act and allow states to do the job Biden refuses to do—as the terror threat continues to grow—secure the border and protect Americans.”

In a letter to congressional leaders, Attorney General Moody and the coalition lay out several crises that the United States now faces as a direct result of Biden and Secretary of Homeland Security Alejandro Mayorkas’ outright refusal to enforce the law. Along with pointing out recent staggering border numbers, Attorney General Moody discusses national security concerns such as fentanyl, terrorists and states being forced to declare states of emergency. 

In the letter, Attorney General Moody points out that Florida took the Biden administration to court and won on numerous occasions but in the end, more needs to be done. Attorney General Moody writes: “I like to believe we at least slowed the invasion to some degree. However, it is becoming clear that the judicial system is not an adequate battlefield to quickly address the urgent crisis Biden has created.”

The letter lays out an urgent request for Congress to pass the Immigration Enforcement Partnership Act of 2023, or H.R. 1337. Attorney General Moody has worked with Florida Congressman Bill Posey to craft this legislation twice now, yet the bill has yet to receive even a hearing. The letter states: “Had Congress acted sooner, the U.S. might not be setting yet another record for CBP encounters at the border. We will never know, but if we take action now to give states the authority to do the job Biden and Mayorkas refuse to do, we could prevent another record next year.”

The Immigration Enforcement Partnership Act “authorizes a state attorney general to request in writing that the Department of Homeland Security adequately fulfill certain duties related to immigration enforcement. Within 30 days of receiving such a request, DHS must ensure that such duties are adequately fulfilled by DHS officers and employees or authorize that state’s officials to fulfill such duties. The state attorney general may sue DHS for failure to meet this bill’s requirements.”  

The letter urges Congress to, at the very least, expeditiously give the bill a hearing. Attorney General Moody is asking Congress to step up and allow states to step in where the federal government has failed. 

Read the full letter here. 

Attorney General Moody led a multistate coalition with 25 other attorneys general from the following states: Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

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