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Wednesday, May 1, 2024

Attorney General Moody Spearheads Fight Against Biden’s Sue-and-Settle Strategy

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Attorney General Ashley Moody | Office of Attorney General Ashley Moody

Attorney General Ashley Moody, leading a coalition of 20 state attorneys general, has filed an amicus brief in the United States District Court for the District of Columbia in support of Intervenor States aiming to prevent the Biden administration from using sue-and-settle tactics to sidestep accountability for the border crisis. Moody expressed her concerns, stating, “The Biden administration has systematically broken down our public-safety immigration structure through both implementing illegal asylum programs and outright ignoring existing law."

Moody emphasized the importance of state involvement in settlement negotiations related to border policy, asserting, "States have a right to be party to any settlement negotiations that will dictate border policy because we have an interest in protecting the safety of our citizens and the resources of our communities."

In response to the Biden administration's pursuit of a settlement agreement with open-border organizations, Attorney General Moody, along with Montana Attorney General Austin Knudsen, led a coalition of 20 states in filing an amicus brief supporting the Intervenor States. Moody highlighted that the Intervenor States have a strong interest in protecting their procedural rights under the APA and in preventing gamesmanship by the current Executive that may hinder future policy changes.

The attorneys general from Alabama, Georgia, Louisiana, Kansas, and West Virginia also filed a motion to intervene, expressing concerns that the Biden administration's actions may not adequately represent the interests of the States related to illegal immigration. Attorney General Marshall of Alabama stated, "The coalition of attorneys general filed motions to intervene because the Biden administration has opted to enter settlement negotiations instead of defending a rule that imposes some modest limits on illegal immigration."

The coalition of attorneys general includes states such as Alaska, Arkansas, Idaho, Indiana, Iowa, Kentucky, and more, who have joined forces with Florida and Montana in the amicus brief. This united front aims to address the concerns surrounding the Biden administration's approach to settlement negotiations and its potential impact on border policy.

Attorney General Moody had previously led a coalition of 17 states in filing an amicus brief in a similar case out of California, signaling a consistent effort to challenge the sue-and-settle strategy employed by the Biden administration.

The full amicus brief can be accessed for further details on the coalition's stance in the ongoing legal battle.

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