– Sen. Chuck Grassley (R-Iowa), ranking member of the Senate Judiciary
Committee, is pushing the Department of Homeland Security (DHS) to provide
information about its failures to comply with statutory requirements for the
detention and removal of aliens with backgrounds involving criminal or
terrorism activity or with final orders of removal.
September 30th memorandum was, unfortunately, yet another in a long line of
initiatives pursued by the Biden Administration to undermine the full,
faithful, and robust enforcement of the immigration laws Congress has passed.
As has been obvious since the day it was issued, your memorandum, and two
earlier versions of it, constituted a de facto mandatory, blanket
non-enforcement policy – masquerading as a discretionary ‘prioritization’
scheme – by which DHS personnel were expected to abide,” Grassley wrote in a letter to DHS Secretary Alejandro Mayorkas.
In his letter to Secretary Mayorkas, Grassley cites the
text of two statutes that mandate enforcement action against certain aliens who
are inadmissible or deportable due to criminality or terrorism. He also notes
the Biden Administration’s use of a “resource constraints” rationale as a
pretext to simply not enforce immigration laws with which it disagrees.
“The Biden Administration’s statements about resources constraints ring
particularly hollow when it also continues to ask Congress to cut
resources for immigration enforcement – particularly detention space,” Grassley emphasized.
Grassley notes that, as part of the court case that
eventually vacated the September 2021 ‘Mayorkas Memo,” data was provided to the
court showing that, in Texas alone, U.S. Immigration and Customs Enforcement
rescinded 170 detainer requests for criminal aliens in the year following
President Biden’s inauguration.
Among other data points, the senator is requesting, on a
state-by-state basis since January 20, 2021, the total number of rescinded detainers, the number of those
rescinded detainers that were for criminal aliens or those with final orders of
removal and the total number of detainers reissued.
text of Grassley’s letter to Mayorkas can be found HERE.