What law is that? You're making a very important claim, back it up. I know of no law that says those seeking asylum must be detained until their hearings. There very well could be such a law - show me.
No chance you’ll read this but here is all the info you are pretending you what to know about.
Why isn't the White House enforcing the immigration laws it’s sworn to uphold.
cis.org
Background on Biden’s Immigration Non-Enforcement at the Interior. Before I begin, however, I should quantify the administration’s non-enforcement efforts. They began the day Biden was sworn in, when Acting DHS Secretary David Pekoske issued a
memo captioned “Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities” (the Pekoske memo).
It announced a 100-day review of DHS immigration-enforcement policies, as well as a 100-day hold on nearly all removals from the United States (the latter was blocked by a federal judge and then expired).
Under the guise of “limited resources”, the Pekoske memo narrowed immigration enforcement to three specified "priorities": spies, terrorists, and other threats to national security; aliens who entered illegally on or after November 1, 2020; and aliens convicted of aggravated felonies under
section 101(a)(43) of the INA released from incarceration on or after the date of that memorandum.
By its terms, the Pekoske memo was a placeholder until other immigration enforcement guidelines were issued by DHS. Those appeared four weeks later, on
February 18, 2021, when Acting ICE Director Tae Johnson issued a new memo, captioned “Interim Guidance: Civil Immigration Enforcement and Removal Priorities” (the Tae Johnson memo).
The Tae Johnson memo expanded slightly on the class of aliens deemed enforcement priorities in the Pekoske memo. Spies, terrorists, and removable aliens who were not here on October 31 still made the list, but the February 18 guidance also included non-detained aggravated felons and certain gang members, if they “pose[] a risk to public safety”.
On
August 19, 2021, U.S. district court Judge Drew Tipton enjoined the restrictions the Pekoske and Tae Johnson memos placed on immigration officers in their enforcement of the immigration laws against criminal aliens in
Texas v. U.S. — a suit filed by the states of Texas and Louisiana to force DHS to implement the immigration laws as written.
A
month later, a three-judge panel of the Fifth Circuit narrowed Judge Tipton’s injunction. While the full Fifth Circuit thereafter
vacated that decision and agreed to rehear the case, new superseding guidance was issued on September 30 by DHS Secretary Alejandro Mayorkas before a hearing could be held, and
the matter was returned to Judge Tipton.
That
“Mayorkas memo”, formally captioned “Guidelines for the Enforcement of Civil Immigration Law”, refined the two preceding ones by again “prioritizing” the three classes of aliens for enforcement action: spies and terrorists (threats to national security); aliens entering illegally on or after November 1, 2020 (threats to border security); and aliens convicted of “serious criminal conduct” (threats to public safety).
While not as restrictive in its scope as the prior two memos, Mayorkas’ required immigration authorities (primarily but not exclusively ICE officers and attorneys) to consider so-called “aggravating” and “mitigating” factors that “militate” in favor of or against (respectively) the taking of “enforcement action” (investigation, arrest, detention, prosecution, and removal) against facially removable aliens.
Judge Tipton vacated the Mayorkas memo in
June, prompting the administration to seek a stay of that order, first from the Fifth Circuit (which
denied its request), and then the Supreme Court. The justices also
denied the government’s stay request, but agreed to hear the merits of the administration’s appeal directly in December.
In the interim, however, interior enforcement has suffered, as my colleague
Jessica Vaughan has explained. Total removals were 70 percent lower in FY 2021 than in FY 2020 (not exactly a banner year due to Covid-19 detention restrictions), and although the administration contends that it prefers to prioritize cases involving the most dangerous aliens, criminal alien removals were off sharply as well.
Border Descends into Chaos as Biden Ditches Deterrence. The Southwest border also began descending into chaos almost immediately after Biden took office. Border Patrol agents set a new yearly
recordfor migrant apprehensions there in
FY 2021 (with a sharp uptick beginning after the inauguration), a record they shattered in just the first 10 months of
FY 2022.
While the administration blames
external forces for the humanitarian disaster at the border, its own policies are largely to blame.
For example, even though the INA
requires DHS to detain illegal entrants — from the moment they’re caught to the point they’re granted immigration status or removed — Biden instead released
1.129 million aliens encountered at the border through the end of June. Aliens enter illegally to live and work here, and those releases allowed them to achieve that goal, encouraging more to come.
Prosecuting foreign nationals for entering illegally (a
misdemeanor for a first offense and a felony for serial offenders) is a
proven deterrent, but Biden has shown no interest in prosecuting aliens for the offense because, as I have explained many times before, deterring illegal entrants is not an administration
objective.
It prefers to manage the chaos at the border by
moving illegal migrants into the
already overwhelmed immigration court system instead. Once
in court (assuming they show up), those aliens can extend their illegal stays in the United States indefinitely, most by filing asylum claims. Some will be successful, but if history’s a guide most will not.