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Former Trump Policy Adviser: Biden Guidance on Immigration Amounts to the ‘Largest Jailbreak in American History’

Armed police from Maryland's Prince George's County Anti-Gang Unit question and detain a confirmed gang member of Mara Salvatrucha 13, or MS-13, April 20, 2006 in Langley Park, Maryland. (Photo by Robert Nickelsberg/Getty Images)

Armed police from Maryland’s Prince George’s County Anti-Gang Unit question and detain a confirmed gang member of Mara Salvatrucha 13, or MS-13, April 20, 2006 in Langley Park, Maryland. (Photo by Robert Nickelsberg/Getty Images)

( – President Joe Biden’s guidance on illegal immigration amounts to the “largest jailbreak in American history,” because it requires illegal immigrants who would normally be jailed and deported for certain crimes to be released back into the country, former Trump Senior Policy Adviser Stephen Miller said Wednesday.

“I unfortunately have very bad news for your audience, which is that the administration and through DHS and ICE has issued new guidance, which is effectively a backdoor moratorium on most deportations. They issued guidance recently to try to effectively gut ICE notwithstanding the injunction to say the vast majority of criminal aliens can’t be removed from this country,” Miller said in an interview with Fox Business’s “Mornings with Maria Bartiromo.”

“They made clear, for example, that if you are a gang member, and you are caught by ICE, that you can’t be removed from the country absent an extremely difficult test to pass, involving very specific prior criminal history. Under our administration, we deported 20,000 gang members. Virtually all of them under these rules would have been allowed to stay in the country. Under the new system that they’ve just put into place you can’t deport somebody for overstaying a visa,” he said.

“You can’t deport somebody for most financial crimes. You can’t deport somebody for most fraud. You can’t deport somebody for most crimes of battery, for most crimes of drug possession, for most crimes of reckless endangerment, and the list goes on and on,” Miller said.

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“The vast majority, the overwhelming majority of criminal aliens are now going to be set free back into our communities, and so the next phase of these lawsuits has to be to enjoin this guidance, which will be the largest jailbreak in American history. It is happening right now,” he said.

Bartiromo noted that Vice President Kamala Harris, when she served in the Senate, called for instituting cashless bail all across the country, and in places like New York where cash bail was removed, violent crime like shootings and murder has gone up by double digits.

“You know, it’s a very solemn topic, Maria, because as Democrats in Washington are sanctimoniously and disingenuously talking about the rule of law, something that is sacred, their policies are — gutting, dismantling and destroying the rule of law in this country. Cashless bail is an utter catastrophe, a revolving door of justice where criminals get released and released and released again,” Miller said. 

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“Then the Biden administration wants to defund private prisons, which will only mean that those prisoners ultimately are put back onto the street, and again as we’ve discussed with these new executive action, releasing thousands of gang members who are here illegally, releasing thousands of felons who are here illegally, releasing thousands of drug dealers who are here illegally,” he said.

“This is madness Maria, and I just hope that the American people understand. This is not hyperbole. This is happening right now, and innocent law-abiding people are getting hurt,” Miller added.

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