Attorney General Bailey Files Suit Against Biden Administration to Obtain Answers About Illegal Immigrant Flights into Missouri

Attorney General Bailey Files Suit Against Biden Administration to Obtain Answers About Illegal Immigrant Flights into Missouri

JEFFERSON CITY, Mo. - Today, Missouri Attorney General Andrew Bailey filed suit against the Biden Administration's Department of Homeland Security (DHS) for failing in its legal obligation to fulfill a Freedom of Information Act (FOIA) request asking for documents and communications regarding the transportation of illegal immigrants into Missouri.

"Once again, the Biden Administration is trying to stonewall and circumvent every aspect of the law in order to hide information from Americans," said Attorney General Bailey. "Their most recent refusal to provide the truth about the flying of illegal immigrants into Missouri is just the tip of the iceberg. It reflects a larger pattern of deploying delay and diversion tactics to avoid producing documents legally requested under FOIA. Here in Missouri, we hold bad actors accountable when they refuse to obey the law, even the federal government. I will not stop until I obtain answers for Missourians."

The lawsuit asserts, "The Missouri Attorney General's Office has reason to believe the Biden Administration is deliberately flying illegal aliens from the border to the interior of the country and has sought to gain public records on behalf of Missouri citizens but has been met with federal interference. Instead of promptly providing the AGO with the requested documents, the Department of Homeland Security (DHS) has belatedly responded with a denial of this request based on a clearly erroneous reading of the AGO's FOIA request. This game of hide and seek' violates the spirit and the letter of FOIA, which states that an agency shall withhold information only when the agency 'reasonably foresees that disclosure would harm an interest protected by an exemption' or if 'disclosure is prohibited by law.'"

Attorney General Bailey has been attempting to gain public records on behalf of Missourians regarding illegal immigrants being flown into the state for months. The Attorney General's Office first launched the FOIA request more than two years ago on June 15, 2022. DHS refused to comply. Upon learning of new evidence that illegal immigrants were being flown from the border directly into Kansas City and St. Louis, Attorney General Bailey amended the FOIA request to make it more specific. Despite that lawful request, DHS again refused to comply, impeding Attorney General Bailey's ability to ensure the safety and security of Missourians.

The lawsuit continues, "The transportation of illegal immigrants into Missouri is a matter of public concern, and the citizens of Missouri have a right to know the facts behind these activities. The DHS withholding crucial information has restricted the ability of citizens to exercise their rights as outlined by Congress in the FOIA statute."

General Bailey is asking the Court to issue a declaration that the Biden Administration failed in its legal obligation to lawfully satisfy his FOIA request, and an order compelling DHS to turn over the requested documents.

The lawsuit can be read here.