A united front of 20 state attorneys general, led by Florida Attorney General Ashley Moody and Montana Attorney General Austin Knudsen, is challenging the Biden administration’s use of “sue-and-settle” tactics to avoid accountability for border policies. This coalition, supported by five intervenor states, filed a brief in the U.S. District Court for the District of Columbia to safeguard states’ rights to uphold immigration laws when the federal government fails to fulfill its obligations.
The 20 amici states, including Montana, Florida, Alaska, Arkansas, Idaho, and others, are staunchly defending their authority to protect themselves from the negative impacts of illegal immigration. Their primary concern is ensuring that regulations are established or repealed through transparent processes that allow states to participate and respond adequately, rather than through closed-door settlements that bypass regular rulemaking procedures.
The term “sue-and-settle” refers to a practice where federal agencies reach settlement agreements in lawsuits filed by special interest groups, effectively bypassing statutory discretion and public input. The result is often the alteration of agency duties based on the preferences of these groups, without proper scrutiny or consideration of broader implications.
For instance, the Biden administration’s approach to immigration policies has involved settling lawsuits with organizations like the ACLU, leading to changes such as the dissolution of the “zero-tolerance policy” implemented by the previous administration. This has raised concerns among conservative states about the erosion of lawful processes and the circumvention of established rules.
Florida Attorney General Moody criticized the administration for undermining public safety and immigration laws, emphasizing that states have a vested interest in border policies that protect their citizens and resources. Similarly, Montana Attorney General Knudsen highlighted the detrimental effects of lax border policies on communities across the nation, stressing the need to defend rules that mitigate the adverse impacts of illegal immigration.
The involvement of multiple state attorneys general reflects a broader sentiment among conservatives regarding the Biden administration’s handling of border security and immigration. The concern extends beyond legalities to encompass the economic and security challenges posed by illegal immigration, as evidenced by public opinion polls and tragic incidents linked to undocumented individuals. In response, conservative leaders are taking a stand to uphold the rule of law and protect their constituents’ interests.
