AG Schmidt continues legal battle with Biden Administration over immigration

TOPEKA, Kan. (WIBW) – Attorney General Derek Schmidt is continuing his legal battle with President Joe Biden’s Administration over immigration policies.

Kansas Attorney General Derek Schmidt told a federal appeals court the Biden Administration’s decision to instate a 100-day moratorium on deportations is illegal under federal law and should be struck down.

On Aug. 31, Schmidt said he joined 15 other state attorneys general to file an amicus brief with the U.S. Court of Appeals for the 5th Circuit in the case Texas and Louisiana v. United States of America which opposes the Biden Administration’s request to stay a lower court decision that blocked the deportation moratorium.

According to Schmidt, a ruling from the U.S. District Court for the Southern District of Texas found that the administration’s changes to the immigration enforcement policy were also an abuse of power under the Administrative Procedures Act.

“The Biden administration’s brazen defiance of legal requirements underscores the need for this court to act swiftly and forcefully to break the Administration’s escalating pattern of disrespect for the rule of law,” the attorneys general wrote to the court.

AG Schmidt said Tuesday’s filing is the latest in the immigration legal battle between the states and the Biden Administration over changes made without consultation with states as required by prior agreement.