Immigration fight to be heard in September
NSF Staff Report
A federal appeals court will hear arguments in September in Florida Attorney General Ashley Moody’s challenge to immigration-enforcement moves by the Biden administration.
The 11th U.S. Circuit Court of Appeals has scheduled arguments the week of Sept. 20 in Miami, according to court documents.
Moody went to the appeals court last month after U.S. District Judge Charlene Edwards Honeywell turned down the state’s request for a preliminary injunction. Moody asked the Atlanta-based appeals court for “expedited” consideration, arguing that the Biden administration is not properly carrying out immigration laws and threatening public safety
The appeals court last Thursday issued an order granting expedited consideration, though that still requires a process for a series of briefs to be filed before the hearing.
The lawsuit focuses on memos issued Jan. 20 and Feb. 18 by the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement about immigration enforcement, with Moody contending that the directives violate immigration laws and what is known as the Administrative Procedure Act.
But in rejecting the proposed preliminary injunction, Honeywell on May 18 ruled that the memos were “interim policies” that were not final actions by the federal agencies and, as a result, were not subject to judicial review. She also wrote that the memos prioritize immigration-enforcement decisions, such as focusing on cases involving national security, border security and public safety.
