By Carolina Bolado (September 24, 2021, 4:34 PM EDT) -- Florida told the Eleventh Circuit on Friday that two Biden administration policies temporarily narrowing the types of migrants prioritized for removal run afoul of the Immigration and Nationality Act's mandatory detention provision that requires detention of criminal noncitizens.
In oral arguments held remotely on Zoom, Henry Whitaker, who argued on behalf of Florida, said 8 U.S.C. 1226(c) requires the U.S. Department of Homeland Security to detain and deport noncitizens who commit serious crimes.
He said that when Congress amended the INA in 1996, legislators were concerned that the government was paying insufficient attention to detaining and removing criminal noncitizens. Under the...
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