Arizona Attorney General Mark Brnovich disclosed in a press release this week that new policy measures being implemented by the Biden Administration has essentially terminated Immigration and Customs Enforcement. The information was obtained by his office through documentation they received as part of discovery in a lawsuit they are filing against Homeland Security.

“What the Biden administration is calling ‘interim guidance’ is really an attempt to undermine and abolish ICE through administrative acts. What the documents we’ve seen thus far reveal is that there have been nearly 8,000 dangerous individuals…released into our communities. Make no mistake about this, this is a shocking disregard for the public safety of every American. It is having a devastating [financial] impact on our country and what the Biden administration is doing, on so many levels, is unconscionable,” – Arizona Attorney General Mark Brnovich

As part of discovery, an email sent on January 27, 2021 was obtained from Enrique Lucero, acting executive associate director for  Enforcement and Removal Operations at ICE. In the email he discussed the decrease of individuals who would typically be in ICE’s custody but due to a change in priorities under the Biden Administration, these individuals would no longer remain in ICE’s custody.

“ERO ran historical data based on the new DHS memo priorities for enforcement to inform decision makers on potential impacts of the interim guidance. The data also compares what PEP would have looked like for reference. LESA should be able to filter data as needed to show weekly or monthly impacts. Rough estimate is book-ins would be reduced by 50% of historical numbers and the vast majority of book-ins would come from CBP transfers.” – excerpt from email

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According to Brnovich, an attachment to the email indicated that violent offenders would be released into the community including individuals who had committed crimes such as murder, kidnapping, sexual assault, and other serious charges.

Under the new policies by the Biden Administration DHS identified individuals who were arrested during the 2020 fiscal year who would not be eligible for enforcement or removal by ICE:

  • 3,371 (Assault)
  • 4,174 (Dangerous Drugs)
  • 85 (Homicide)
  • 46 (Kidnapping)
  • 225 (Sex Offenses)
  • 73 (Sexual Assault)
  • 503 (Weapon Offenses)

Brnovich reported during the press release that his office has received 5,000 pages of documentation and has gone through only 170 pages so far.

Montana Attorney General Austin Knudsen is also part of the lawsuit filed against DHS

“The Biden Administration has not only opened up our Southern Border but is now actively working to strip ICE of its abilities to keep the interior of our country safe. I am glad to AG Knudsen and his Arizona counterpart are working to keep the American people safe,” – Montana AG Austin Knudsen