It loses because DHS (Mayorkas) exaggerates the effect.
Biden's plan for mass release of migrants loses in court again, teeing up Supreme Court battle
...The 11th Circuit panel did not buy the Department of Homeland Security's (DHS) claims in court that not issue a stay would cause "irreparable" harm.
"…DHS's claims of irreparable injury ring somewhat hollow. In this record, considering the department's track record of overstating similar threats in the underlying proceedings. For instance, on January 12, 2023, DHS represented to the district court that any vacatur of the Parole+ ATD policy would result in ‘disastrous consequences’ for the management of the border starting the very next day," Mondays order reads.
"DHS made the same representation again on February 16, 2023. But, in truth, CBP had stopped using the Parole+ ATD practices as of January 2, 2023, and DHS now admits that it was able to ‘manage[] its detention capacity [since January] using many other tools at its disposal.’ The department's ability to ascertain future harm is uncertain at best," it continued.
"Given this record, we take DHS's latest claims of impending disaster if it is not allowed to use either of the challenged policies with some skepticism," it said.
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Originally Posted by DGUtley
