COLUMBUS – Arizona Attorney General Mark Brnovich and Ohio Attorney General Dave Yost are leading a coalition of 18 attorneys general to ensure that the Biden Administration will faithfully defend a longstanding federal immigration statute that prohibits illegal re-entry.
The attorneys general sent a letter to U.S. Attorney General Merrick Garland seeking written assurances by Sept. 17 that the U.S. Department of Justice (DOJ) will defend 8 U.S.C. § 1326, the law governing illegal re-entry.
The letter follows a recent district court ruling in which the chief judge for the District of Nevada struck down the law and permitted an illegal alien to remain in the United States.
“Now is not the time to abandon law and order as a crisis unfolds at our border,” Yost said. “The trial judge’s error of law will impact every state in the union if not corrected by the court of appeals – and for that to happen, Attorney General Garland must defend the law.”
The state attorneys general are concerned that the DOJ will follow recent patterns of shirking its duty by not defending the law, noting multiple examples in which the Biden Administration has demonstrated a habit of “policymaking through the expedient of strategic surrender” in litigation.
This is particularly concerning given the United States’ unprecedented border crisis. In July, the U.S. Border Patrol reported more than 200,000 encounters with migrants along the U.S.-Mexico border, the highest monthly figure in 21 years.
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