Montgomery, AL – Alabama Attorney General Steve Marshall, in conjunction with Kansas Attorney General, took a notable step on Thursday by co-leading motions to intervene in two lawsuits involving the Biden administration and immigrants’ rights groups, including the ACLU. The legal actions in question are the cases of East Bay Sanctuary Covenant v. Biden and M.A. v. Mayorkas. Attorney General Marshall received support from attorneys general in Georgia, Louisiana, and West Virginia.
The coalition of attorneys general opted to intervene as a response to the Biden administration’s choice to engage in settlement negotiations rather than defending a rule that places certain limitations on illegal immigration. Attorney General Marshall expressed a strong belief that the Biden administration might not adequately represent the interests of the States concerning illegal immigration.
“As the influx of illegal immigrants continues, efforts to address the crisis face challenges from various quarters,” stated Attorney General Marshall. “People across states are feeling the impact of this situation, and our concern is to ensure that the administration is fully committed to protecting the interests of all Americans. The decision to enter settlement talks with advocacy groups is raising questions about the potential implications for border security in the years ahead. Our intervention seeks to address these concerns and ensure a comprehensive approach.”
The lawsuits in question involve immigrants’ rights groups challenging a Biden administration rule that allows the U.S. Department of Homeland Security to turn away certain asylum seekers. Despite the Biden administration’s initial argument that the rule was lawful and the plaintiffs had no standing to challenge it, the administration later surprised observers by announcing its entry into settlement negotiations with the plaintiffs in both cases.
The coalition of attorneys general supports the concerns raised by Judge VanDyke, the 9th Circuit judge on East Bay Covenant, who warned that “it’s hard to avoid any impression other than that the administration is snatching defeat from the jaws of victory – purposely avoiding an ultimate win that would eventually come later this year.”
The motion to intervene highlighted concerns about the perceived hostile nature of the Biden administration’s actions towards the intervenor states’ interests in the realm of immigration. It asserted that the current illegal immigration situation is causing significant challenges for the United States, and the responsible entities, the Department of Homeland Security and the Department of Justice, have faced criticism for what some perceive as an inadequate response.
