U.S. Customs and Border Protection via Flickr

As part of Joe Biden’s extreme open border policies, the Department of Homeland Security (DHS) has been deliberately ignoring federal law to avoid deporting convicted criminal aliens.

According to a panel of the U.S. Fifth Circuit Court of Appeals, this has led to a sharp drop in criminal aliens detained by DHS.

In a memorandum in September 2021 outlining new DHS guidance narrowing immigration enforcement priorities, Biden’s Homeland Security Secretary Alejandro Mayorkas said: “The fact an individual is a removable noncitizen, therefore, should not alone be the basis of an enforcement action against them.”

However, as the Appeals Court noted, federal law says the attorney general “shall take into custody,” “shall detain,” and “shall remove” illegal aliens convicted of certain crimes and aliens who are ordered deported.

The Epoch Times (ET) reported that Republican Texas Attorney General Ken Paxton, one of the plaintiffs, said in a statement that Biden “tried to throw out immigration law, saying DHS didn’t have to detain criminal illegals. The court now says he must.”

ET added that:

The memo and others like it has led to a spike in the rescinding of criminal detainers, or orders to local authorities to detain aliens, court documents show. One hundred and seventy aliens had detainers rescinded in Texas between Jan. 20, 2021, and Feb. 15, 2022, with at least 17 failing to comply with their parole conditions and four committing fresh crimes.

“The data show that the Final Memo ‘increases the number of aliens with criminal convictions and aliens with final orders of removal released into the United States,’ and Texas has shown by a preponderance of the evidence that the cost of that reality has fallen on it and will continue to do so,’” the panel said in a ruling dated July 6.

DHS is trying “to claim it acts within the bounds of federal law while practically disregarding that law,” it added.

The panel upheld an earlier ruling from U.S. District Judge Drew Tipton, a Trump appointee who said the policy had resulted in criminal aliens “roam[ing] free” and ordered the department not to follow the memo.

The Biden administration had appealed, arguing that the lower court order should be overturned because the states lack standing, because they have not suffered any injury, and because any injury that the speculative injury was not traceable to the Mayorkas memo. The appeals court panel disagreed.

Team Biden is expected to appeal this ruling as well, which could then send the case to the full Fifth Circuit or the Supreme Court.

The opinions expressed by columnists are their own and do not necessarily represent the views of AmericanActionNews.com


  1. China gets our oil reserves? What does Biden owe China? What are the bidens on the hook for? big guy iies, Americans owe China nothing. Last thing we received was poison pet food, lead painted toys, fxxxed up dry and the virus that they have yet to admit too.Our emergency reserves being paid for by slave labor profits.Why does Biden want to increase oil production from America? so the biden family can sell it off to China for personal gain? Congress should be asking the biden tcrime family for those answers and more. What does China have ob the Bidens?Time for Congress and America to start to get those answers.

  2. These women that are protesting are Whores that want to screw any man when they are in the mood and when they get pregnant they want us taxpayers to pay them to have the baby murdered.

  3. Whoopee! Unfortunately, there’s nearly 2 million Illegal Aliens already in the country and that Traitor Biden and his Incompetent DHS Chief Majorjerkoff don’t have a clue where they are.
    This whole Misadministration should be hung for Treason.

  4. Biden and his administration have been guilty of ignoring their responsibility and the Constitution on too many issues to list here, but the southern border is one of the worst and most visible. Let’s stop using the term “aliens” to describe FORIEGN NATIONALS and the term “Illegal” to describe people who have broken immigration law by not entering this country in a legal manner as they are all CRIMINALS until proved differently. It is the responsibility for the Administrative Branch of our government to protect the Citizens by controlling the border and turning Criminal Foriegn Nationals around at the border forbidding them entry. Those that do get past the border before apprehension must stay under the control of the federal government until decisions can be made about their status. The Federal government has a duty to treat these Criminal Foriegn Nationals in a humanitarian manner providing food, shelter and health care until their cases can be decided. Nothing beyond this is due these individuals and certainly not to be let out of the control of the Federal government, to be given cell phones, paid transportation, financial assistance, abortions on demand or anything beyond humanitarian care. The Federal government is responsible to finance the keeping of Criminal Foriegn Nationals and can not pass this responsibility off to the Sovereign States as they have been doing. The Biden administration has a lot to answer for in their dereliction of duty at the border and possible Criminal intent.

  5. If they don’t arrest them all especially and starting with Biden. I’m tired of the little tin dictator.

  6. Question is: What can be done if He (The Pres ) ignores the courts, as that is what he will do…..

  7. Stop buying Chinese and allowing them to purchase our land. What the hell is wrong with these people is this! It`s all about the money. There are treason charges pending.

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