Florida cracks down on organized retail theft
By Bethany Blankley | The Center Square contributor Florida continues to crack down on retail theft. Attorney General Ashley Moody’s Office of Statewide Prosecution has secured another sentence and restitution order for another leader of an organized retail theft ring in 15 counties. Just a few weeks ago, Moody announced the results of a recent racketeering investigation into another major operation targeting retail theft, which involved millions in stolen items and murder. Moody on Wednesday announced an eight-year prison sentence for Byron Johnson, who operated a theft ring in 15 counties that caused hundreds of thousands of dollars in losses to Home Depot stores. “In Florida, we are fighting back against organized retail theft,” Moody says. “We will not allow this crime, occurring rampantly in other parts of our country, to wreak havoc on our consumers and businesses.” Johnson’s conviction and sentencing resulted from a multi-agency operation involving the AG’s OSP, the Polk County Sheriff’s Office, and the Florida Department of Law Enforcement. The multi-agency investigation found that Johnson and four other defendants went to Home Depot stores statewide, rented heavy equipment, and never returned them. They then destroyed the attached GPS trackers and resold the stolen equipment online. At least 44 suspected thefts occurred over the course of the investigation. Defendants used stolen identifications and also misled unsuspecting individuals to use their IDs to rent the equipment. Most of the stolen items were sold on Facebook Marketplace, investigators found. Johnson was charged with “one count of grand theft, more than $100,000, a first-degree felony; one count of scheme to defraud, a third-degree felony; nine counts of dealing in stolen property, all second-degree felonies; and unlawful possession of the personal identification information of another person, a third-degree felony,” according to the AG’s office. He will serve eight years in prison, followed by five years probation, and pay $539,360 in restitution. Four other defendants were charged with grand theft of varying amounts, ranging from first to third-degree felonies. These cases are still pending, according to the AG’s OSP. Since 2019, the Office of Statewide Prosecution has secured an overall conviction rate of 99%. It’s tasked with prosecuting crimes that impact two or more judicial circuits in Florida. Most OSP charges resulted from multi-jurisdictional investigations. One includes a retail theft scam targeting multiple Walmart stores in Polk County. Of those involved, one is currently serving time in prison. Another is under the supervision of the Florida Department of Corrections. Arrest warrants are currently out for two alleged members. One is deceased. Another involves a retail theft scam operating in South Florida in at least nine judicial circuits. This scam caused over $20 million in losses to more than 20 different retailers. It involved dozens of serial retail thieves who “brought stolen items to a first-level illicit distributor,” who then allegedly sold the stolen items “to a higher-level distributor,” according to the investigation. The alleged thief at the top of the organization owned an Amazon storefront where he resold the stolen items to unsuspecting consumers nationwide. The first-level distributor was murdered and a separate investigation is ongoing. Republished with the permission of The Center Square.
More unaccompanied migrant children being ‘resettled’ in Texas than elsewhere
The greatest number of unaccompanied children (UACs) arriving at the U.S. border are being “resettled” in Texas. UACs have been sent to all 50 states and two U.S. territories, including Puerto Rico and the Virgin Islands, according to data from the U.S. Health & Human Services Department (HHS) and the Office of Refugee Resettlement (ORR), are tasked with their oversight and care. From fiscal years 2015 to 2023, the greatest total number of UACs were sent to Texas, followed by California and Florida. Every year, the most populous states received the greatest number of children. Texas received the most UACs in all nine fiscal years of 82,391, followed by California (68,249), and Florida (60,192). From fiscal years 2015 to 2018, California received the highest number of UACs. By fiscal 2019, Texas began receiving the greatest number, and has every year, primarily followed by California, then Florida. From March 2003 to July 2022, ORR says it has cared for more than 409,550 children. The overwhelming majority arriving are males by a roughly 70-30 split, according to ORR data. According to federal law passed in 2003, “When a child who is not accompanied by a parent or legal guardian is apprehended by immigration authorities, the child is transferred to the care and custody of” the ORR. Federal law requires ORR to provide UACs with food, shelter, and medical care and release them “to safe settings with sponsors (usually family members), while they await immigration proceedings.” ORR defines sponsors as “adults who are suitable to provide for the child’s physical and mental well-being and have not engaged in any activity that would indicate a potential risk to the child,” who has passed a required criminal background check. The sponsor “must agree to ensure the child’s presence at all future immigration proceedings” and ensure that the minor reports to ICE “for removal from the United States if an immigration judge issues a removal order or voluntary departure order,” according to federal law. Multiple reports have been published highlighting serious deficiencies of ORR oversight, including allegations of sexual abuse of children in ORR-contracted facilities. A Florida grand jury report found the Biden administration was “facilitating the forced migration, sale, and abuse of foreign children,” through the ORR’s UAC resettlement program. “This process exposes children to horrifying health conditions, constant criminal threat, labor and sex trafficking, robbery, rape, and other experiences not done justice by mere words,” it concluded. Florida Gov. Ron DeSantis called for the grand jury to convene, clarifying that “Florida receives no information on backgrounds, criminal history or immigration status of the UAC brought here, nor does the state have any assurance the UAC are in-fact minors.” Florida Attorney General Ashley Moody called on Congress to investigate, which resulted in hearings this year. UACs have been placed with unrelated individuals and put in situations “where they are subject to abuse, including rape, molestation, and effectively forced to work to pay for their travel to the United States in violation of child labor laws,” Moody said. HHS states that it has “strong policies in place to ensure the privacy and safety of unaccompanied children by maintaining the confidentiality of their personal information,” and has historically not communicated with state governments where children are sent. It claims this is because the “children may have histories of abuse or may be seeking safety from threats of violence” and “may have been trafficked or smuggled.” While it won’t release information about individual children that it says “could compromise their identity or location,” it does disclose how many UACs are sent to states and counties. From fiscal 2015 to 2023, the overwhelming majority of UACs were released in Texas, followed by California and Florida. Under the Obama administration, in fiscal 2015, California received 3,629 UACs, Texas 3,272, and Florida 2,908. By fiscal 2019, under the Trump administration, Texas received 9,900 UACs, California 8,447, and Florida 7,408. In the first full fiscal year of the Biden administration, in fiscal 2021, Texas received 15,341 UACs, Florida, 11,145, and California, 10,773. The outlier year was fiscal 2022, when all three states received the highest number of UACs in recorded history: Texas (19,071), California (13,730), and Florida (13,195). In fiscal 2023, Texas received the most (16,394), followed by California (11,121) and Florida, (10,542). In fiscal 2023, 22 Texas counties received UACs. The majority were sent to Harris County (over 6,000), Dallas County (over 3,200) and Travis County (over 1,700), according to HHS ORR data. In California, 21 counties received UACs in fiscal 2023. Los Angeles County received the most (nearly 4,000), followed by Alameda County (nearly 900) and Orange County (nearly 600). In Florida, 29 counties received UACs in fiscal 2023. Miami-Dade County received the most (nearly 2,000), followed by Palm Beach County (over 1,500) and Lee County (over 900). These numbers exclude all children arriving in family units being released into the U.S. The top states that received the most UACs in fiscal 2023, rounding out the top 10, were New York, Maryland, Virginia, New Jersey, North Carolina, Tennessee, and Louisiana. Republished with the permission of the Center Square.
26 attorneys general: Give states the authority to enforce federal immigration law
A coalition of 26 state attorneys general is calling on the new U.S. Speaker of the House to pass a Florida-sponsored bill that would grant states the authority to enforce federal immigration law when the federal government refuses to do so. The AGs, led by Florida Attorney General Ashley Moody, sent a letter to Speaker Mike Johnson, R-Louisiana, on Monday. In it, they called on Congress to pass U.S. Rep. Bill Posey’s bill, the Immigration Enforcement Partnership Act. Posey, R-Florida, first filed the measure in 2022 and again in March 2023. “On day one, [President Joe] Biden began intentionally dismantling our public safety immigration structure,” Moody said. The president and U.S. Department of Homeland Security Secretary Alejandro Mayorkas “have outright ignored federal law, and we have uncovered numerous ‘secret plans’ to allow for the mass release of unvetted and inadmissible migrants,” she said, referring to Florida’s border-related lawsuits against the administration. The administration’s parole and mass release policies are “not only in direct conflict with federal law, but it has also put Americans’ safety in jeopardy,” Moody said. Despite Florida’s repeated wins in court, Moody said, “more needs to be done. I like to believe we at least slowed the invasion to some degree. However, it is becoming clear that the judicial system is not an adequate battlefield to quickly address the urgent crisis Biden has created.” Posey on Monday called for Mayorkas to be impeached. In posts on social media, he said, “The border crisis is at unmanageable levels of mass migration. Simply put, Sec. Mayorkas isn’t doing his job. In the real world, if someone fails to do their job, they are fired. Sec Mayorkas has failed at the southern border. I support the initiative to impeach Mayorkas.” Posey’s bill, HR 1337, would allow state officials to require the DHS secretary to enforce federal immigration law in certain circumstances. It gives DHS the option to enforce the law or deputize state officials to carry out federal immigration duties instead. According to the bill, state attorneys general would identify how DHS isn’t fulfilling its non-discretionary duties under Title II of the Immigration and Nationality Act, which includes arresting, detaining and removing criminal and arriving illegal immigrants. It also requires the courts to expedite proceedings related to these actions to the greatest extent practicable, according to a summary of the bill. If enacted, the measure “authorizes a state attorney general to request in writing that the Department of Homeland Security adequately fulfill certain duties related to immigration enforcement. Within 30 days of receiving such a request, DHS must ensure that such duties are adequately fulfilled by DHS officers and employees or authorize that state’s officials to fulfill such duties. The state attorney general may sue DHS for failure to meet this bill’s requirements,” according to the bill language. “Maintaining operational control over our borders is critical to our security and our ability to stop drug smugglers, human traffickers, and those on terrorist watch lists, who are invading our country and mean to do harm to our communities,” Posey said when he introduced the bill earlier this year. “When the federal government abdicates its role in securing our nation’s borders and refuses to enforce immigration laws, states should have authority to protect their citizens.” The AG’s argue in their letter, “Had Congress acted sooner, the U.S. might not be setting yet another record for CBP encounters at the border. We will never know, but if we take action now to give states the authority to do the job Biden and Mayorkas refuse to do, we could prevent another record next year.” They urged Johnson “to at the very least, expeditiously give” Posey’s bill a hearing. Joining Moody in the coalition are the attorneys general representing the states of Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming. The Texas Senate, for the third time last month, passed a bill that authorizes the state to enforce border security. It would create a new state crime for entering Texas illegally and authorize Texas law enforcement officers to arrest illegal border crossers who enter Texas between ports of entry. The measure has gone nowhere in the state House. The coalition letter misstates border apprehension data, appearing to confuse southwest border apprehension data with national apprehension data, and underreports the number of known, suspected terrorists who’ve illegally entered the U.S. and been caught. It states, “record-breaking numbers of inadmissible immigrants flooding in – more than 7 million illegal immigrants have walked freely into the country since Biden took office – including more than 280 individuals encountered on the terrorist watchlist since fiscal year 2021.” According to official U.S. Customs and Border Protection data and preliminary gotaway data obtained by The Center Square, the numbers are significantly higher. There were 736 known, suspected terrorists apprehended in fiscal 2023 alone, the highest in recorded history. The majority, 66%, were apprehended at the northern border, The Center Square first reported. There were nearly 4 million illegal border crossers reported nationwide in fiscal 2023, and over 10 million illegal border crossers reported since January 2021, including gotaways, The Center Square first reported. There have been roughly 1.7 million gotaways reported since January 2021, although this number is estimated to be closer to 2 million, The Center Square first reported. Republished with the permission of The Center Square.
Former border chief: Alejandro Mayorkas underreported gotaway data in Senate hearing
By Bethany Blankley | The Center Square contributor Former U.S. Customs and Border Protection Chief Mark Morgan estimates the number of people who entered the U.S. illegally and evaded capture in fiscal 2023 is closer to one million, much higher than the “over 600,000” that Department of Homeland Security Secretary Alejandro Mayorkas told U.S. senators at a Tuesday hearing. Morgan told The Center Square Wednesday in response to questions about Mayorkas’ testimony that official known gotaway data could hit one million in fiscal 2023, and the nearly 1.7 million gotaways since January 2021 is underreported by at least 20%. It’s “closer to over 2 million,” he said of the gotaway numbers since President Joe Biden first took office. Gotaways is the official term used by Customs and Border Protection to describe foreign nationals who illegally enter the U.S. primarily between ports of entry and don’t return to Mexico or Canada. They generally don’t file asylum or other immigration-related claims and intentionally illegally enter to avoid being caught. Many have criminal records, and run when pursued by Border Patrol agents or others in law enforcement, officials have told The Center Square. “The question Secretary Mayorkas should be providing the American people an answer to is how many aliens on the Terror Watchlist or Special Interest Aliens, who come from countries we know sponsor or harbor terrorist organizations, are among the [close to 1.7 million] known gotaways who have entered our country under his watch,” he told The Center Square. “The answer is – he has no idea. It’s not if, and when, the threat arrives in our homeland. It’s already here.” Mayorkas testified Tuesday before the Senate Homeland Security Committee, saying there were over 600,000 gotaways reported in fiscal 2023, a low estimate compared to data first reported by The Center Square. U.S. Sen. Roger Marshall, R-Kansas, asked Mayorkas how many gotaways U.S. Customs and Border Protection reported in 2023. Mayorkas replied, “I believe that number is over 600,000. I am sure you are well aware the phenomenon of gotaways is something that has been a challenge for the Department of Homeland Security for decades. In fact, it is a powerful example of a broken immigration system.” According to preliminary data obtained by The Center Square, Border Patrol agents reported at least 769,174 gotaways in nine southwest border sectors in fiscal 2023. This excludes Office of Field Operations data and data from the remaining 11 CBP sectors nationwide (there are 20), including at the northern border. Border Patrol agents in one northern border sector alone reported roughly 4,000 gotaways in fiscal 2023, the highest in northern border history. The nearly 770,000 gotaways are included in the roughly 4 million illegal border crossers reported in fiscal 2023 and more than 10 million since January 2021, when President Joe Biden first took office. These are the highest numbers of illegal border crossers reported in recorded U.S. history. By contrast, there were at least 308,655 known, reported gotaways in fiscal 2021 and 606,150 reported in fiscal 2022, as first reported by The Center Square. In fiscal 2023, 736 known or suspected terrorists (KSTs) were apprehended at the northern and southern borders, according to CBP data. The number of KSTs who were among the gotaway numbers is unknown. The majority of gotaways are single, military-age men. However, they also include women and children, many who are smuggled, law enforcement officers say. Former ICE Chief Tom Homan not only disagrees with Mayorkas’ claim about gotaways representing a “broken immigration system” but says the issue isn’t about immigration but about national security. “If you don’t think a single one of the 1.7 million [gotaways] is coming from a country that sponsors terrorism, then you’re ignoring the data,” he said. “That’s what makes this a huge national security issue.” Homan maintains that Mayorkas destroyed the system he and others put in place during the Trump administration and Biden administration border policies “are the greatest national security threat since 9/11.” As a result, he says, Mayorkas should be impeached. “Based on recently released data on the border numbers,” including “over 900,000 illegal aliens released in the U.S.” and the more than 600,000 gotaways Mayorkas claims were reported in one year, he said, “DHS Secretary Mayorkas needs to be impeached.” Homan also says he’s been calling on Congress to impeach Mayorkas for over two years. Several Congressional Republicans and state attorneys general, led by Florida AG Ashley Moody, have called for him to be impeached. Republicans on the U.S. House Committee on Homeland Security, led by committee chairman Mark Green, R-Tennessee, are continuing to hold hearings and issue reports to support their claim that Mayorkas is derelict in his duty and must be removed from office. Green, a retired U.S. Army Major and West Point graduate, says Mayorkas is derelict not only for helping to create the border crisis but also for DHS not properly vetting Afghan “refugees” brought to the U.S. after Biden’s deadly and chaotic withdrawal of U.S. troops from Afghanistan in August 2021. The Center Square has been reporting preliminary Border Patrol data, excluding OFO data, obtained from a Border Patrol agent on condition of anonymity for fear of reprisal. Official data is still a best guess, officials say, because agents aren’t able to report everyone who gets away for several reasons. Former Border Patrol Chief Raul Ortiz previously testified to Congress that gotaway data is underreported by between 10% and 20%. Ultimately, law enforcement officials say they have no idea how many gotaways are in the U.S., where, or who they are. The Border Report: #Gotaways caught on camera primarily in Terrell County in Big Bend Sector of Texas. Border Patrol agents, law enforcement, Homeland Security—tasked w defending the homeland—have no idea who or where they are. Nearly 1.6 million, => ind populations of 11 states. pic.twitter.com/PHnXFWrOFR— Bethany Blankley (@BethanyBlankley) August 24, 2023 To learn more, follow The Border Report with Bethany Blankley on Facebook and X. Republished with the permission of The Center Square.
Florida warns another company over its Israel policies
By Bethany Blankley | The Center Square contributor The state of Florida has placed another company, Morningstar-Sustainalytics, on its list of “Scrutinized Companies that Boycott Israel.” The company, which rejects the accusation, has 90 days to respond or be subjected to Florida’s divestment and contract prohibitions. Gov. Ron DeSantis, Attorney General Ashley Moody, and CFO Jimmy Patronis, all trustees of the State Board of Administration (SBA), made a joint announcement after they placed Morningstar-Sustainalytics under continued examination in August for its “controversial research methodology which categorizes companies as a risk for supporting Israeli interests in Judea and Samaria.” The SBA then had a meeting on Oct. 25 about the “environmental, sustainable, governance” (ESG) corporate governance research, ratings and analytics firm. As of June 30, the Florida Retirement System held 26,343 shares of Morningstar’s stock worth $5.9 million, Pensions & Investments reports. “Florida will hold companies accountable for discriminating against Israel,” DeSantis said in a joint statement. “We will continue to invest in companies that provide Floridians with the best return on investment and not companies that utilize arbitrary ESG metrics to advance a BDS agenda.” “Our actions on Morningstar-Sustainalytics should put the rest of the world on notice,” AG Moody said. “Florida will not stand by while companies use their economic power to attack Israel.” Morningstar issued a statement in response, saying, “Morningstar does not support the anti-Israel BDS campaign; it never has, and it never will.” Last year, the company faced similar scrutiny from a range of Jewish groups, including the Jewish Federations of North America, the Anti-Defamation League, and the American Jewish Committee, among many others over its ESG products. Of the many concerns raised was language it used in its products, referring to the West Bank in Israel as “Occupied Palestinian Territory” or “occupied territory.” Israel, as a sovereign nation, doesn’t occupy any “territory” and has a right to defend itself from terrorists whose stated goal is to kill Jews and destroy Israel, DeSantis has argued. After a months-long engagement process with the organizations, Morningstar said it committed to “further fortifying” its ESG “research and ratings against any concerns of anti-Israel bias” and “strongly reinforces the fact that we repudiate the Boycott, Divest, and Sanctions campaign.” It also agreed to adopt all recommendations made by an independent investigation into its anti-Israel bias allegations and commit to take specific actions. Chief Financial Officer Jimmy Patronis issued a warning to all companies doing business in Florida, saying, “Let me be clear – If you want to do business with the State of Florida, you cannot support BDS policies against Israel, or you will face the consequences.” The announcement came after Florida has taken unprecedented action to support its Jewish population, including expanding law enforcement resources statewide, shutting down pro-Hamas student organizations on state college and university campuses, and flying roughly 700 Americans to Florida who were stranded in Israel. Florida is the only state to bring home stranded Americans from Israel. Florida has cracked down on companies involved in the BDS movement before. In 2019, it added Airbnb to its Scrutinized Companies List. Airbnb then reversed its policy and was taken off the list. In 2021, Unilever, the parent company of Ben & Jerry’s, was added to the list and remains on it. Republished with the permission of The Center Square.
Florida has brought nearly 700 Americans home from Israel
By Bethany Blankley | The Center Square contributor Florida so far has brought home nearly 700 Americans who were stranded in Israel. Florida law enforcement officers also are arresting antisemitic agitators after the Islamic terrorist organization Hamas attacked Israel and killed more than 1,400 people, including over 30 Americans. Hamas, the acronym for Harakat al-Muqawama al-Islamiya (Islamic Resistance Movement), was designated by the U.S. State Department as a foreign terrorist organization in 1997. “It is the largest and most capable militant group in the Palestinian territories and one of the territories’ two major political parties,” the National Counterterrorism Center says. On Oct. 12, Gov. Ron DeSantis declared a state of emergency in Florida and directed the Division of Emergency Management to execute a “Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency, including any logistical, rescue, or evacuation operations” to bring Americans home who were stranded in Israel. “Unlike the governments of other countries, the Biden Administration has failed to launch any form of rescue or evacuation operations for Americans, including Floridians, who are stranded in the region, and has failed to provide information requested by the State of Florida about any plans for such operations,” he said. Within three days of making the announcement, Florida brought home nearly 300 Americans. Since then, nearly 700 Americans have been flown to Florida on four flights to Tampa and Orlando international airports. By Oct. 20, the Florida legislature called a special session to expand state sanctions on Iran, among other issues. Florida has also beefed up security efforts to protect its Jewish residents. Since Oct. 8, Florida Highway Patrol Quick Reaction Force troopers and nearly 100 FDLE agents and crime intelligence analysts have been focused on safeguarding Florida synagogues, Jewish Day Schools, and Jewish residents by monitoring of events and investigating suspicious activity reports, the governor’s office said. As a result, several arrests have been made, including of an individual outside of the Capitol Complex in Tallahassee. The individual was known to law enforcement for engaging in “domestic disturbances and altercations, leaving harassing messages with local seated public officials and acting suspiciously outside of synagogues” as well as “being dressed in a tactical vest and acting suspiciously” outside of a synagogue. One notable arrest was in Miami Beach on Oct. 17, when an individual told a security guard he was a member of Hamas and “was attempting to bomb a Jewish school in Miami Beach.” He was charged with “harassment, assault, disturbing school/religious assemblies, and threatening to discharge a bomb,” according to the governor’s office. Other notable arrests in the Miami area include an individual who allegedly resisted an officer without violence at the “Protest for Palestine” event at Miami Bayfront Park and a Miami man who threatened to kill hundreds of people “in a building or at a concert” if he didn’t receive federal protection “from Jewish people.” He was arrested by the FBI Joint Terrorism Task Force and the city of Miami Police Department “for making threats and extortion.” Miami-Dade Police also arrested three people at the “Protest for Palestine” demonstration at the Florida Atlantic University-Boca Raton Campus. One student was arrested on a felony battery charge after she allegedly elbowed a pro-Israeli woman; the others were arrested for battery, resisting arrest, and disorderly conduct. Four individuals were also arrested at a “Stop the Genocide Against the People of Gaza” event held outside of the Coral Gables office of Republican U.S. Sen. Rick Scott. A homeless individual was also arrested by Jupiter Police officers and charged with criminal mischief for scratching swastikas in the sidewalks along Indiantown Road and Military Trail in Abacoa. Attorney General Ashley Moody sent a memo to 21 college and university police chiefs statewide highlighting the statutes that prohibit and assign penalties for antisemitic hate crimes. She did so in the wake of Jewish students reporting feeling threatened by pro-Hamas groups on college campuses. Republished with the permission of The Center Square.
27 state AGs request federal government end catch-and-release policies
By Bethany Blankley | The Center Square contributor Twenty-seven attorneys general, led by Florida’s Ashley Moody, are demanding Department of Homeland Security Secretary Alejandro Mayorkas “fix the problem you created” and close the catch-and-release loophole DHS is “currently exploiting to implement its mass release policy at the Southwest Border.” The coalition filed a Petition for Rulemaking demanding that Mayorkas amend DHS’s catch-and-release policies. In their 6-page letter, they point to how “DHS is releasing aliens at a rate of over one million per year, and that does not include the aliens being released on parole under § 1182(d)(5).” In addition to releasing inadmissible illegal foreign nationals into the U.S., DHS is releasing them with court dates for three to four years and even 10 years into the future, a lag that The Center Square first reported. The coalition argues Mayorkas’ policies will result in allowing millions more unauthorized people to remain in the U.S. for 15 years or longer before they ever appear before an immigration judge. The coalition says the mandatory detention policy, CBP processing policy, and parole authority stipulated by federal statute are being violated by DHS. “DHS’s practice of releasing aliens at the Southwest Border … is fragrantly unlawful” and proposes regulatory changes. They argue that Mayorkas’ “first and most important reason for granting the petition is that DHS’s current practices are unlawful. DHS should take seriously whether its practices comply with the law, and it should grant a petition that seeks to stop its officers from committing unlawful acts.” The second reason, they argue, is catch-and-release policies are “having horrendous effects” across the country, with some individuals’ court dates being set for 10 years in the future. Their call came after Moody and other attorneys general first called for his resignation. They then called on Congress to impeach him, and then to strip him of his salary. Moody and several AGs have also sued DHS over its parole policies, border security policies and others, arguing they violate federal law. “The Biden administration’s intentional dismantling of border security has resulted in more than seven million inadmissible immigrants entering the U.S., including suspected terrorists,” Moody said. In fiscal 2023, the highest number of known or suspected terrorists were apprehended attempting to enter the U.S. illegally – 659, The Center Square has reported. The overwhelming majority being caught are coming through the northern border. The coalition’s letter to Mayorkas cites outdated data of 1.5 million known gotaways as another reason to reverse the administration’s policies. The number is closer to 1.6 million, and likely higher, since January 2021, as The Center Square has previously reported. Publicly reported CBP apprehension and KSTs data don’t include gotaways. “Gotaways” is the official U.S. Customs and Border Patrol term that refers to those who illegally enter the U.S. between ports of entry, don’t return to Mexico or Canada, and are not apprehended. An unknown number of KSTs are believed to be gotaways. The Biden administration has consistently claimed the border is closed and secure, and that a humane, orderly process is being implemented. But more than 8 million people have illegally entered the U.S. since January 2021, excluding gotaways. This data also excludes those entering using the CBP One App. Total numbers are estimated to be closer to 10 million, or likely higher, officials have explained to The Center Square. “Given the massive flood of unvetted migrants into the interior of our country, there is no way to know who is in the U.S. or if they plan to enact terror on Americans,” Moody said. “Given the risks illustrated by what happened this weekend in Israel, I am leading a coalition of 27 attorneys general taking action to force the Biden administration to enact responsible rulemaking to ensure our nation’s security at our Southern Border.” If Mayorkas denies the petition, they indicated they plan on seeking judicial review. Joining Moody in filing the petition are attorneys general from Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.
Border Patrol email: Plan to mass release illegal border crossers from crowded facilities
Florida Attorney General Ashley Moody on Tuesday published an internal Border Patrol email her office obtained that provides guidelines to release foreign nationals being held at Customs and Border Patrol processing centers because they are at near full capacity, at full capacity or are already over capacity. President Joe Biden and Department of Homeland Security Secretary Alejandro Mayorkas “have become so brazen that they are now implementing mass-release quotas for immigrants surging into our country,” Moody said. “As a federal judge already recognized, these releases are unlawful, yet the Biden administration is ordering Border Patrol to release even more immigrants into the interior.” Moody is referring to a lawsuit Florida brought against the administration and won. Despite Mayorkas claiming that the border is closed and secure, a record number of people are being processed through ports of entry using the new CBP One App. As a result, processing centers, where individuals, some families, and unaccompanied minors are held within a certain timeframe, as they are processed to be released into or removed from the country by federal agents, are at capacity. With the majority of agents pulled from the field tasked with processing record numbers of people, officials have expressed concerns to The Center Square that an unknown number of criminals are illegally entering undetected between ports of entry. This also could be why significantly fewer gotaways are being reported than in previous months. With nearly 20,000 people currently in custody at CBP processing centers in the nine southwest sectors, Border Patrol agents were given a new directive on how to release even more people into the U.S., according to an email sent to agents obtained by Moody’s office. The redacted email states it is from the Acting Deputy Chief, Law Enforcement Operations Directorate, at U.S. Border Patrol Headquarters. The name on the letter is redacted, but the acting deputy director of this office is Ricardo Moreno, according to official records. The email was sent on Aug. 8, 2023, to all Border Patrol field chiefs and field deputies as a follow-up to a call to discuss how to “bring in-custody numbers to manageable levels.” “Unfortunately, after leveraging all consequences to include referrals to ERO [Enforcement and Removal Operations], the rate of daily encounters continues to surpass the daily permanent bookouts and the in-custody numbers continue to rise creating significant risks to agents and detainees. This level of detention numbers has also resulted in increased manpower requirements impacting border security efforts,” the email states. In addition to this, as of Sept. 11, “BP agents were instructed to reward and release over 6,500 illegal aliens who had committed a crime and crashed our lawless border. 6,500 in one day. Do the math. Joe Biden is destroying this country,” the National Border Patrol Council, the union representing Border Patrol agents, said on X. This is also in addition to CBP ERO agents continuing to apprehend and process for removal violent criminals, including murderers, rapists, child sex offenders, and others. According to preliminary data The Center Square obtained from a Border Patrol agent, over 215,000 illegal foreign nationals were apprehended or reported evading capture at the southwest border alone last month. The data only includes what is reported by Border Patrol agents. It excludes Office of Field Operations data. So far this month, according to preliminary data, Border Patrol agents have apprehended nearly 76,000 illegal border crossers and reported over 12,300 gotaways. The station with the heaviest traffic is in Eagle Pass, Texas, with nearly 10,000 people apprehended so far this month. Ajo, Arizona, is not far behind with over 7,700 people apprehended. Brownsville, Texas, Tucson, Arizona, and Santa Teresa, New Mexico, are also among the busiest stations this month. Santa Teresa’s station, located roughly 30 miles west of El Paso, Texas, reported more gotaways than apprehensions, nearly 4,300 compared to over 3,700, respectively. The Border Patrol email “is further proof of the disastrous cycle created by [President] Biden’s intentional destruction of our border with Mexico,” Moody said. “Biden cuts resources, opens the border, and then releases detainees while claiming there is not enough detention capacity to prevent the unprecedented flood of migrants entering the country because of his terrible policies. With every passing day it is becoming more obvious that the border crisis is being intentionally orchestrated by the Biden administration. We will continue to do everything in our power to push back and let the American people know what Biden is doing.” The email Moody obtained from CBP redacted the actual release quotas “for unexplained reasons.” Republished with the permission of The Center Square.
Florida law enforcement shuts down fentanyl, xylazine trafficking ring
Florida law enforcement officers and Attorney General Ashley Moody’s Office of Statewide Prosecution have shut down a trafficking ring in the Orlando area. The group is responsible for pushing large quantities of narcotics, including fentanyl laced with xylazine, into the area. Moody’s prosecution team is scheduled to prosecute 12 people on drug trafficking charges who are accused of trafficking cocaine, fentanyl, xylazine, and amphetamine in the Orlando area. In April, Moody launched a public safety alert warning about the dangers of Xylazine, an animal tranquilizer, referred to as “Tranq” on the streets. Tranq has been found to be laced in fentanyl and other drugs that have led to overdoses and deaths. In two years, the frequency with which the drug has been identified in FDLE crime labs has doubled, The Center Square previously reported. “I have been warning about the presence and proliferation of the zombie drug xylazine being mixed with already deadly fentanyl for months now,” Moody said. “This extremely dangerous and flesh-eating drug is outlawed in Florida, and we will aggressively prosecute any criminal organization trafficking this poison across judicial circuits in our state. I am grateful for our dedicated law enforcement partners for shutting down this ring and cutting off this lethal supply chain.” Moody’s office is prosecuting individuals arrested by Florida law enforcement officers. The Orange County Sheriff’s Office began an investigation after it received information from various informants about a drug trafficking organization operating throughout the Oak Ridge area of Orange County. Members of the sheriff’s narcotics unit conducted multiple controlled purchases from several members of the alleged trafficking group of fentanyl laced with xylazine, and cocaine. Their investigation also uncovered that the drugs were being transported to Florida from a supplier in New Jersey. The Florida Highway Patrol then began to intercept members of the group in Volusia County. In one stop, they seized over 400 grams of fentanyl and xylazine in the trunk of a vehicle. Throughout the multi-agency investigation, the alleged drug traffickers “committed several other crimes, including conspiracy to traffic fentanyl greater than 28 grams, trafficking amphetamine greater than 28 grams, money laundering, multiple sales and deliveries, conspiracies to sell and deliver,” according to a statement from Moody’s office. Twelve people were arrested, a majority of whom are men. They were charged with a combined 52 felony counts ranging from money laundering and possession of cocaine to conspiracy to traffic fentanyl, which carries a 25-year mandatory minimum prison sentence. Moody’s Assistant Statewide Prosecutor Ashley Wright is prosecuting the cases. Moody and Florida law enforcement officials are still warning about the dangers of fentanyl, xylazine, and other illicit drugs. Xylazine is now the sixth-most identifiable illicit drug in Florida, according to the Florida Department of Law Enforcement. Moody also sent a letter to DEA Administrator Anne Milgram calling on her to add Xylazine to the list of controlled substances. Xylazine is already a Schedule I substance in Florida. Republished with the permission of The Center Square.
Florida AG Ashley Moody defeats Biden administration in court, again
Florida Attorney General Ashley Moody won another round against the Biden administration in federal court, this time in the 11th Circuit Court of Appeals. On Monday, the court ruled to keep in place an injunction against the Department of Homeland Security’s parole program. The injunction was issued by a federal district judge in Florida last month. DHS appealed the judge’s ruling and lost. On May 8, U.S. District Judge T. Kent Wetherell of the Northern District of Florida Pensacola Division vacated DHS’s “Policy on the Use of Parole Plus Alternatives to Detention to Decompress Border Locations.” On May 16, he enjoined DHS’s “Parole with Conditions in Limited Circumstances Prior to the Issuance of a Charging Document” memorandum. The ruling is the latest among several in a lawsuit filed by Moody over DHS’ plans to release foreign nationals who’d illegally entered the U.S. en masse into local communities. DHS is also partnering with other federal agencies and nongovernment organizations to temporarily house and transport millions of people to U.S. cities nationwide. DHS appealed, requesting the 11th circuit issue a stay of the lower court’s ruling. In a 2-1 vote, the judges on the appeals court’s panel denied DHS’s request. At issue is a catch and release and parole program DHS implemented over which Moody sued, arguing it’s illegal. The plan for DHS to release people en masse when the public health authority Title 42 ended May 11 was first made public by Moody’s office as part of her lawsuit through a memo her office obtained written by Border Patrol Chief Raul Ortiz explaining it. Rio Grande Valley Sector Border Patrol Chief Gloria Chavez in Texas also explained her sector’s plan to release people into local communities, according to a recording of a meeting she held with local law enforcement provided to The Center Square. DHS argues blocking its plan undermines “the Executive Branch’s constitutional and statutory authority to implement its immigration priorities and secure the border.” It also maintains “the most immediate consequence” of the judge’s orders “will likely be [the] overcrowding [of] CBP facilities during increases in border encounters,” which would threaten the “health, safety, and security” of USBP officers and illegal foreign nationals. DHS, like Ortiz, argues overcrowded CBP facilities are resulting in agents releasing illegal foreign nationals without adequate monitoring measures. In the “worst-case scenario,” not being able to release millions of people into the U.S., it argues, would prevent it from apprehending illegal foreign nationals who are illegally entering the U.S. Former Border Patrol chiefs argue this is what is already happening because Border Patrol agents have been taken off the line to instead process people. They also argue over 7.5 million people have been apprehended or reported evading capture. No one knows how many have evaded capture, who or where they are. DHS’s arguments fell flat before the district judge and appellate judges hearing its case. The appellate judges ruled DHS couldn’t meet the “irreparable injury” factor to sustain its claim. They denied DHS’s motion “because DHS has not met its burden to show that it will suffer an irreparable injury absent a stay. “Simply showing some ‘possibility of irreparable injury,’ fails to satisfy” their request, the judges wrote in their nine-page ruling. The court “will not find irreparable harm based on mere conjecture,” the judges said. They also said DHS’s “ability to ascertain future harm is uncertain at best. 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.” On May 11, Wetherell granted Moody’s request for a temporary restraining order enjoining DHS’ “Parole with Conditions” mass-release policy. The next day, he denied the Department of Justice’s “borderline frivolous” motion to stay his order. On May 15, he denied an emergency request for a stay, and on May 16, he enjoined DHS for another two weeks from implementing its plan through a temporary restraining order. DHS appealed, and the case was heard before the 11th Circuit, which denied its request on June 5. Wetherell has maintained DHS’s policy is “the latest in a series of policies adopted by DHS over the past two years to expedite the release of aliens arriving at the Southwest Border into the country instead of detaining them until their immigration proceedings are concluded as required by 8 U.S.C. §1225(b).” He also said, “If the allegations in the complaint and motion” filed by Moody were true after it was reported that DHS planned to follow through with its release plan under a new name, “then it appears that DHS is preparing to flout the Court’s order in Florida v. United States by implementing a new ‘parole’ policy that, based on the DHS spokesperson’s description of the policy, sounds virtually identical to the Parole+ATD policy the Court vacated in Florida.” It remains unclear if DHS will request the full 11th Circuit Court to hear its case or if the full court would consider it. Republished with the permission of The Center Square.
Florida marijuana initiative has enough signatures to appear on 2024 ballot
Smart & Safe Florida, a campaign supporting a ballot initiative to legalize marijuana in Florida, has collected 967,528 valid signatures, exceeding the 891,523 valid signatures needed to be placed on the ballot in 2024. State officials confirmed on June 1, that the campaign had submitted enough valid signatures to qualify for the ballot and had met the signature distribution requirement mandating that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state’s 28 congressional districts. The initiative would legalize marijuana for adults 21 years old and older. Individuals would be allowed to possess up to three ounces of marijuana (about 85 grams), with up to five grams in the form of concentrate. Existing medical marijuana treatment centers would be authorized under the initiative to sell marijuana to adults for personal use. The Legislature could provide by state law for the licensure of entities other than existing medical marijuana treatment centers to cultivate and sell marijuana products. The campaign has raised $38.5 million, all from Trulieve Cannabis Corp., a marijuana business that operates in several states, including Florida. According to campaign reports covering information through April 30, Smart and Safe Florida had paid $23.07 million to Axiom Strategies and Vanguard Field Strategies for signature gathering. Across all states with an initiative process, the average cost of a petition drive increased 297% from 2016 to 2022. So far, the cost of this signature drive is 463% more expensive than the average signature drive cost in Florida in 2016. The cost of running a successful initiative signature drive in Florida was $4.1 million in 2016, $4.6 million in 2018, and $6.7 million in 2020. No initiatives qualified for the Florida ballot in 2022. Marijuana legalization initiative campaigns in four states spent between $68,000 and $3.66 million on signature drives for 2022 initiatives. In 2016, voters in Florida legalized medical marijuana through a ballot initiative, which was approved by a vote of 71.32% in favor and 28.68% opposed. In Florida, proposed initiatives are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state’s congressional districts (222,898 signatures for 2024 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference. The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure’s compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure “is facially valid under the United States Constitution.” The measure qualified for a state Supreme Court review after collecting 25% of the total required signatures on April 6. On May 15, Florida Attorney General Ashley Moody petitioned the Florida Supreme Court for an advisory opinion on the measure. Moody wrote that she believes “the proposed amendment fails to meet the requirements” and that she plans to “present additional argument through briefing at the appropriate time.” Briefings in the case are due by June 12. In 2021, Moody argued against a proposed 2022 initiative to legalize marijuana sponsored by Make It Legal Florida. Moody argued that the ballot title was misleading and inaccurately stated that the measure would legalize something that is illegal under federal law. The Florida Supreme Court ruled 5-2 that the measure could not appear on the 2022 ballot. The court wrote, “A constitutional amendment cannot unequivocally ‘permit’ or authorize conduct that is criminalized under federal law. And a ballot summary suggesting otherwise is affirmatively misleading.” Justices Jorge Labarga and Alan Lawson dissented. Lawson said, “Because the ballot summary in this case complies with the constitutional and statutory requirements by which we are to judge ballot summaries, I would apply our precedent and approve this measure for placement on the ballot.” The ballot language for the proposed 2024 initiative includes a sentence stating, “Applies to Florida law; does not change, or immunize violations of, federal law.” In Florida, constitutional amendments require a 60% supermajority vote of approval to pass. This requirement was added to the state constitution through voter approval of Amendment 3 in 2006. Since then, nine constitutional amendments (including a 2014 medical marijuana initiative) received a majority of votes in favor but failed to reach the 60% threshold and were therefore defeated. As of June 1, 23 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes. In 12 states and D.C., the ballot initiative process was used to legalize marijuana. In two states, the legislature referred a measure to the ballot for voter approval. In nine states, bills to legalize marijuana were enacted into law. The average yes vote was 57.86% and the average no vote was 42.21% with an average margin of victory of 15.65%. Of the 15 marijuana legalization ballot measures, four received a vote of approval of 60% or higher. The measure with the highest margin of victory was Washington, D.C.’s 2014 initiative, which was approved by a vote of 70.06% to 29.94% for a margin of victory of 40.12%. The measure with the lowest margin of victory was Maine’s 2016 initiative, which was approved by a vote of 50.26% to 49.74% for a margin of victory of 0.52%. Republished with the permission of The Center Square.
Bipartisan congressional caucus forms to address fentanyl crisis
Labeling the smuggling of illicit fentanyl into the U.S. from Mexico “a national crisis,” a group of lawmakers has formed a bipartisan caucus to address the issue. Led by Republican California Reps. Ken Calvert and Darrell Issa and Democratic Reps. Joe Neguse of Colorado and Madeleine Dean of Pennsylvania, the Bipartisan Fentanyl Prevention Caucus was formed to “coordinate with members from both sides of the aisle to combat the nationwide spike in fentanyl-related overdoses and drug poisonings.” The group says it will work with federal and state law enforcement and “to educate the public and the Congress, in cooperation with prevention and awareness groups to better understand the ongoing threat of fentanyl in communities across America.” “Fentanyl is devastating the lives of Americans in every corner of our country. With fentanyl-related deaths climbing every year, we need new solutions to stop this alarming trend,” Calvert said. “This is not a partisan issue – it’s a national crisis.” Rather than pledging to end the fentanyl crisis, Calvert said he hoped the caucus would “educate Americans on the dangers of fentanyl and provide real solutions that will stop the destruction of this deadly drug.” “Fentanyl is not a new danger. But the deadly threat it poses has now reached every corner of our country, and no community is being spared,” Issa said. “The stakes could not be more clear: If we don’t win the fentanyl fight, we’re not going to just lose my community or my neighbor’s. Or any one of my colleagues. We’re going to lose this country. This caucus is needed now as we tell the truth, develop solutions, and save lives.” When announcing its formation, the caucus didn’t call on the president or Secretary of State Antony Blinken to declare Mexican cartels as Foreign Terrorist Organizations, as Texas Gov. Greg Abbott and 21 attorneys general have repeatedly done. Last September, Abbott issued an executive order designating the Sinaloa Cartel, the Jalisco New Generation Cartel, and any similarly situated Mexican drug cartels as foreign terrorist organizations” under Section 219 of the Immigration and Nationality Act. He also requested President Joe Biden do likewise, the second time he’d made the request since April 2021. In his September 21, 2022 letter, Abbott said since then, “There was no action, no response.” He’s still received no response, his office has told The Center Square. Last week, Blinken told Congress he’d consider designating cartels as FTOs. Two weeks prior, the White House said it didn’t have any intention of doing so. Republican U.S. Sens. Rick Scott of Florida and Roger Marshall of Kansas introduced the Drug Cartel Terrorist Designation Act, which Florida Attorney General Ashley Moody said will “do the job Biden refuses to do – protect the American people.” The caucus also hasn’t demanded the president designate fentanyl as a weapon of mass destruction, as 18 attorneys general have done led by Moody. Fentanyl poisoning remains the leading cause of death among adults between the ages of 18 and 45. Two milligrams, the weight of a mosquito, is lethal. In fiscal years 2021 and 2022, CBP agents confiscated enough fentanyl to kill nearly 5 billion people. Since March 2021, Texas Operation Lone Star officers have seized over 373 million lethal doses of fentanyl. Florida law enforcement officers in a few month’s time last year seized enough fentanyl to kill everyone in Florida. The U.S. Drug Enforcement Administration has issued several public alerts warning Americans about the dangers of fentanyl. Most recently it issued another public alert about the “sharp increase in the trafficking of fentanyl mixed with Xylazine,” an animal tranquilizer referred to on the streets as “Tranq.” It did so after the FDA, CDC, and multiple state agencies issued warnings about Xyzaline being detected in an increasing number of illicit drug mixtures and a growing number of overdose deaths nationwide. “Xylazine is making the deadliest drug threat our country has ever faced, fentanyl, even deadlier,” DEA Administrator Anne Milgram said. DEA has so far seized Xylazine and fentanyl mixtures in 48 of 50 states. Caucus members also include Angie Craig (D-MN), Chris Pappas (D-NH), Raja Krishnamoorthi (D-IL), Melanie Stansbury (D-NM), Chrissy Houlahan (D-PA), Ruben Gallego (D-TX), Nikki Budzinski (D-IL), Marc Veasey (D-TX), Sheila Jackson Lee (D-TX), Raúl Grijalva (D-AZ), Doug Lamborn (R-CO), Sharice Davids (D-KS), Don Bacon (R-NE), Claudia Tenney (R-NY), Andre Carson (D-IN), Ralph Norman (R-SC), Chris Smith (R-NJ), Lance Gooden (R-TX), Bob Latta (R-OH), Andy Biggs (R-AZ), Jake LaTurner (R-KS), Barry Moore (R-AL), David Valadao (R-CA), and Robert Aderholt (R-AL). Republished with the permission of The Center Square.
