Ariz. Leads 2nd Suit From States Challenging Biden ICE Policy

By Mike LaSusa (November 18, 2021, 7:32 PM EST) — Arizona, Montana and Ohio sued the Biden administration Thursday over guidance issued to U.S. Immigration and Customs Enforcement that aims to narrow the agency’s enforcement operations, marking the second such suit brought by states challenging the policies.

The states argue the Sept. 30 guidance, which is set to take effect Nov. 29, runs contrary to provisions of the Immigration and Nationality Act that say certain immigrants “shall” be arrested and removed.

The states contend the policy has harmed them by placing greater burdens on local law enforcement and social services, and by incentivizing “illegal border activity” like drug smuggling.

“Despite a…