Attorney General Brnovich Continues Challenge to Stop DHS Permanent Guidance

PHOENIX -- Attorney General Mark Brnovich filed a brief in Arizona, Ohio, and Montana’s lawsuit against the Biden administration for the U.S. Department of Homeland Security’s (DHS) dangerous “Guidelines for the Enforcement of Civil Immigration Law” (Permanent Guidance). This policy represents DHS's third attempt to completely abandon its statutory duties to detain and remove illegal migrants, even those convicted of crimes.

In this brief, General Brnovich responds to DHS’s motion to dismiss, which asks the court to ignore the obvious harm to the states caused by the Permanent Guidance. Every court that examined the previous policies acknowledged that these DHS rules damage the states’ interests with the increased costs of supervising criminals and policing repeat offenders who are released into Arizona’s communities.

Oral argument for this case is scheduled for February 16, 2022, at 8 am MST before the Southern District of Ohio.
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This is General Brnovich’s fourth lawsuit he’s filed to stop the Biden administration’s reckless immigration policies. Last November, the U.S. Supreme Court accepted Arizona’s petition to defend the Public Charge Rule, which ensures that noncitizens are able to financially support themselves in order to become U.S. citizens or to obtain their green cards. The case will be heard on February 23, 2022.