Rep. Posey, Florida AG Moody unveil bill to allow states to demand enforcement of federal immigration law

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Biden facing pressure over lifting Title 42 border policy

Fox News congressional correspondent Chad Pergram has the latest as Senate Republicans call for an amendment on Title 42.

FIRST ON FOX: Florida Rep. Bill Posey and Florida Attorney General Ashley Moody on Thursday are introducing legislation that would allow state officials to demand the federal government enforce U.S. immigration law – as states become increasingly vocal about the ongoing crisis at the southern border.

The bill, to be formally introduced in the House by Posey, a Republican, looks to empower state attorneys general as many of them face the effects of surging migrant numbers at the border.

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The "Immigration and Enforcement Partnership Act of 2022" outlines how if a state attorney general finds that the Homeland Security secretary is "not adequately fulfilling his non-discretionary duties" in enforcing U.S. immigration law – particularly on the arrest, detention and deportation of illegal immigrants – state officials may request in writing that DHS do so.

Fox News footage shows migrants being released into the U.S. on Jan. 23, 2022. (Fox News)

The secretary can then either follow the request, or authorize state officials to act as immigration officers on behalf of the federal government in apprehending, arresting and deporting illegal immigrants. If the secretary does not comply, the attorney general can file a civil action in a U.S. district court to enforce those requirements.

The bill comes at a time when there is widespread outrage from Republicans, and some Democrats, about the Biden administration’s decision to lift the Title 42 public health order – which has been used to quickly expel more than half of the migrants encountered at the border. It has led to concerns that the U.S. will see another massive surge in the coming months.

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"In less than a year and a half, the Biden administration has created chaos at our nation’s southwest border and it’s about to get even worse as the president prepares to end Title 42," Moody, a Republican, said in a statement to Fox News Digital. "We can no longer trust this administration to enforce the law. It is time for swift action to protect the American people. That is why Rep. Posey and I are taking this matter to Congress and asking the legislative branch to let the states protect our citizens by enforcing public-safety immigration laws when [President] Biden won’t."

Posey said maintaining control of the borders "is critical to our security and our ability to stop human traffickers, drug smugglers and other violent criminals and terrorists who mean to do our communities harm." 

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"When the federal government abdicates its role in protecting our nation’s borders and refuses to enforce immigration laws, allowing millions of people to illegally cross into our country, states should have authority to protect its citizens," he said.

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It is the latest move by states that are hit either directly or indirectly by the flow of migrants into the U.S. On Wednesday, Texas Gov. Greg Abbott announced a plan to bus migrants directly to Washington, D.C.

"We are sending them to the United States Capitol where the Biden administration will be able to more immediately address the needs of the people that they are allowing to come across our border," Abbott said. 

Fox News' Louis Casiano contributed to this report.