Labrador Letter: The Immigration Crisis

Dear Friends,

The immigration crisis at our Southern border has reached a critical mass and just this month we are seeing a blizzard of activity between the states and the Biden Administration, SCOTUS, the circuit courts, and assorted parties, all to determine who has the authority to enforce federal laws when the federal government abrogates its duty. 

Illegal immigrants have overrun American communities and stretched social services, healthcare systems, law enforcement services, and education systems to the breaking point. In this unprecedented crisis, the states expect the federal government to intervene. Instead, the administration’s reckless open border policies merely exacerbate the problem. And instead of allowing the States the ability to do his job for him, the President and his complicit administration have undermined every states’ ability to deal with the crisis at each turn. I will, however, continue to fight for the citizens of Idaho to ensure the President complies with the laws and the Constitution of our nation.

I strongly believe in a lawful and orderly immigration system which reviews each prospective citizen entering the country to ensure bad actors are weeded out. However, the Biden administration has decided to guarantee large swaths of illegal immigrants a path to citizenship through its parole process—all while leaving Idaho and other states with the bill and the consequences. Communities saturated with fentanyl and other illicit drugs as well as murders by unvetted illegal aliens are but a small anecdotal price to pay to fulfil the President’s promises to special interests. This is just collateral damage in service to a much bigger political demographic scheme. 

I’m opposing this dangerous path on multiple fronts. I’ve joined directly in two cases, Indiana v. Mayorkas and State of Texas, et al. v. U.S. Dept. of Homeland Security, and formally requested the administration cease this unlawful conduct. I’ve provided advice to circuit courts across the nation in multiple amicus curiae briefs which are of frequent and reliable guidance to our courts in their decisions.

As if the administration’s en masse parole of illegal immigrants was not enough, the administration has flouted the law by mandating the provision of public benefits to illegal immigrants. In some cases, the benefits that his administration offers to illegal immigrants are not even available to our own citizens. This use of our tax dollars comes at the expense of American citizens. I have formally requested the government stop this practice on multiple instances. 

Since taking office in January of 2023, I have joined additional cases related to immigration, submitted comment letters during rulemaking, delivered letters to Congress in support or opposition to legislation, and provided amicus curiae briefs to cases in support of other states’ cases. These actions cover many specific aspects of the larger immigration debate, including the “catch and release” policy, an amicus brief supporting the Texas ‘razor-wire removal’ in United States v. Abbott, and opposing mass parole for illegal immigrants in Florida v. Mayorkas. I also opposed an attempt to expand eligibility for federal public benefits to ineligible aliens and supported the Laken Riley Act with a letter to Congress, along with a letter encouraging more strident student visa vetting and removal, a letter of concern regarding Health and Human Services’ handing children over to traffickers and submitted public comments to the Department of Labor for improving protections for workers in temporary agriculture employment. And, in no surprise to anyone, I opposed the Senate’s poorly conceived Border Security bill.

Just this last week, I joined the amicus brief on M.A. v. Mayorkas, where the Biden Administration was colluding with immigration activists to undermine the rule of law and instead of defending (or enforcing) our nation’s immigration laws – specifically the “Circumvention of Lawful Pathways” rule. The Administration is trying to reach a settlement with those activists to avoid more litigation, but in reality, it’s to avoid enforcing the law and honoring their responsibilities. This maneuver is called “sue-and-settle” and it’s a favorite tactic when activists enjoy a complicit and sympathetic administration.

I will oppose the Biden administration’s ongoing efforts for open borders at every turn and problems caused by their feckless inaction. In addition to defending Idaho’s laws in court, I will continue to defend and support other states’ actions to stem the tide of illegal immigration. I will continue to push Congress to provide the authority all states need to defend themselves since the federal government has proven itself to be an unreliable partner in upholding the rule of law.