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WASHINGTON, D.C. – America First Legal (AFL), in partnership with Boyden Gray PLLC, has filed an amicus brief in the U.S. Supreme Court on behalf of U.S. Representative Darrell Issa and U.S. Senators Ted Cruz, Ted Budd, Mike Lee, Kevin Cramer, and Josh Hawley, urging the Court to overturn the Ninth Circuit’s ruling in Noem v. Al Otro Lado that blocked commonsense border security measures and, if allowed to stand, could revive Biden-era border chaos.
The Obama and first Trump Administrations both used a border security measure known as “metering” to pace border crossings and control the flow of illegal aliens attempting to enter the United States and claim asylum. Metering enabled U.S. Customs and Border Protection to prevent border surges, reduce overcrowding, and ensure orderly processing. But the Biden Administration abandoned the practice in pursuit of its open-border agenda — contributing to a record-breaking flood of illegal border crossings that overwhelmed the system.
Earlier this year, the Ninth Circuit went even further, ruling that illegal aliens who are still physically in Mexico can claim they have “arrived in the United States” and thus that DHS cannot use metering to slow down the flow of aliens trying to cross the border at one time. The Ninth Circuit’s decision effectively rewrites federal law, bypasses Congress, and strips the Executive Branch of its constitutional authority to manage the border and protect national security.
AFL’s brief argues that the Ninth Circuit’s decision:
Misconstrues plain statutory text. Usurps the policymaking authority of the political branches. Invents a right to asylum for illegal aliens who are outside the United States ― something that Congress did not authorize. Threatens national security by eliminating a key border security mechanism. Undermines U.S. sovereignty by extending legal protections to illegal aliens in foreign countries. Creates a legal and operational crisis at the border.
The Ninth Circuit’s decision defies the law, precedent, and common sense. If permitted to stand, it will unleash chaos at the southern border. AFL urges the Supreme Court to stop this egregious judicial overreach, overturn the Ninth Circuit’s decision, and restore this critical border security measure.
“America First Legal will never back down in the fight to defend America’s borders, uphold the rule of law, and put American citizens first. We are unwavering in our commitment to protecting the sovereignty and security of the United States. We will never stop fighting against open-border extremism and judicial overreach. With this brief, we are once again taking a stand for the American people, our Constitution, and our nation’s future,” said James Rogers, Senior Counsel at America First Legal.
Read the full amicus brief here.
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