EXCLUSIVE: America First Legal, former Trump adviser Stephen Miller’s legal group, filed Freedom of Information Act requests with several executive branch agencies in an attempt to obtain records and data on Biden administration’s “extreme” open border policies.
AFL on Tuesday requested information from the Department of Homeland Security, Customs and Border Protection and Immigration and Customs Enforcement, focused on the administration’s “catch and release” policy and decision to stop issuing migrants with a “Notice to Appear” (NTP) in court after being apprehended by law enforcement.
In an exclusive interview with Fox News on Tuesday, Miller said that AFL is demanding this information because Biden is “waiving illegal immigrants through like race cars at a NASCAR event.”
“It is unthinkable to admit people into the country without even the bare, perfunctory step of saying show up at an immigration hearing in eight weeks. Not even putting them into a removal proceeding,” continued Miller.
“It is the most extreme open borders policy that I think anyone has ever heard of in their careers. Nothing even comes close.”
AFL argues that the information on Biden’s border policies belongs to the American people and Congress, not the federal government. Miller told Fox News that the data is expected to show how much the “rails have been ripped off” the immigration system in America.
The information AFL is seeking from the agencies includes who is being released into the U.S. without a court date; how many people have been issued final orders of removal but haven’t been removed from the country; how large the docket of unenforced order of removals actually is; and other key statistics.
Axios first reported Tuesday that about 50,000 migrants who illegally crossed the United States’ southern border between March and July were released into the country without a court date.
Miller reacted to the report, telling Fox News, “We shouldn’t have to scrap and claw in order to get these little snippets leaking out in stories. As though it was beneath the dignity of the Biden administration to provide this information to the public. They have an affirmative obligation and duty to inform and advise the American public what they are doing in the public’s name and with public taxpayer dollars and with public resources.”
Miller also accused the Biden of presiding over the “least transparent administration in history on immigration,” and said that there was far more transparency in the Obama years on immigration.
“The scope of the illegality and the scope of the lawlessness that occurred under Obama is but a hill compared to the Mount Everest of Biden’s unconstitutional open borders radicalism,” said Miller.
When asked about AFL’s plan of attack moving forward after filing the requests, Miller said that any information the group receives would be used in ongoing litigation.
AFL currently serves as outside counsel for Texas Attorney General Ken Paxton in a lawsuit asking a federal court to stop the administration’s “catch and release” policy due to the COVID-19 pandemic.
“Obviously, any information that we get in this FOIA [requests] will be incredibly useful for ongoing litigation. If we don’t get this information, then we may have to file a lawsuit to obtain this information,” said Miller.