Federal judge unloads on Biden border policies as ‘divorced from reality’

A federal judge gave President Biden a harsh spanking over the southern border. He ruled Wednesday that there was an illegal immigration crisis and accused the administration of reducing it to “a meaningless boundary in the sand”.

Judge T. Kent Wetherell is a Trump appointee and sits in northern Florida. He said that Homeland Security’s strategy of catching and releasing large numbers of illegal immigrants on “parole”, is illegal.

He blamed the president and his policies for the crisis.

He wrote in a 109-page ruling that these actions were “collectively, akin to posting flashing ‘Come in, We’re Open,’ signs on the southern border.” These actions were a predictable result of the unprecedented “surge” of aliens arriving at the Southwest Border nearly immediately after President Biden was elected. This surge has continued unabated for the past two-years.


He ordered that the parole policy be vacated, but he delayed his ruling for one week so the administration could appeal.

This is a very vocal condemnation of Mr. Biden’s approach to the border. It comes after a trial Judge Wetherell stated made it clear how badly the Biden team had bungled the process.

He cited the testimony of Raul Ortiz (Border Patrol Chief), who stated that illegal entrants were rarely released under the former President Trump, but that catch-and release has been the default position in the Biden administration.

Judge Wetherell stated that this means the Biden administration “effectively transformed the Southwest Border into an insignificant line in the sand, and little more than just a speedbump to aliens flooding into our country by prioritizing ‘alternatives detention’ over actual detention and releasing more than one million aliens into our country — on ‘parole’ or pursuant to the exercise ‘prosecutorial discretion’ under a wholly unapplicable statute — and without ever initiating removal proceedings.”

This is the reference to the hundreds of thousands of illegal immigrants who were allowed to cross the border without being issued an immigration court summons. This is the minimum punishment for illegal entry.

The law states that illegal immigrants seeking protection should be held while their immigration cases are proceeding.

Biden’s administration had claimed that Congress doesn’t have enough money to hold all the new arrivals. They said that the only solution was to release them in the hope they would appear at their hearings and then again later for possible deportation.

According to the administration, it is making difficult decisions about how to best use its limited bed space.

However, Homeland Security often leaves thousands of beds unoccupied on any given day.

Judge Wetherell stated that the need for tough decisions does not give the administration the power to violate the Immigration and Nationality Act or create new “pathways” to the U.S.

Although the administration claimed that previous presidents had done the same thing before, the judge said that it was not an excuse.

He also stated that the Trump detention policies were effective, but were undone in part by the Biden team who generally disapprove of detention as the standard for illegal crossers.

He also said that the Biden administration’s attempts to blame global factors in the surge at the border was “divorced” from reality.