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Debate Fact Check: Josh Riley Lied About Supporting "Only One" Open Border Lawsuit....There's 32

Albany, NY -- In an exchange on border security last night, DC lawyer Josh Riley lied about supporting "only one" open border lawsuit. Watch here. In fact, he supported 32 lawsuits. Riley also said he was only working for Republicans, when in fact he supported Alejandro Mayorkas, who at the time was a former Obama Homeland Security official and would later become Biden's Homeland Security Secretary. 


In the lawsuits, which are listed below, Josh Riley called his legal argument "prosecutorial discretion"-- arguing there are some border security laws on the books that can be ignored. Riley's argument was then used by Secretary Mayorkas to open the border. In one case, Trump v Hawaii, Riley even argued against the President's ability to suspend the entry of non-citizens, if he determines it to be in the national interest -- a broad classification that is currently being misused by the Biden-Harris Administration. 


Congressman Molinaro said, “Last night, we exposed Josh Riley’s lies about his years of work to open America’s borders to the flood of illegal immigration -- costing taxpayers billions and making America less safe."



A list of the 32 lawsuits Josh supported are available here:

  1. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF THE UNITED STATES,” Submitted to the United States Supreme Court on 12/4/15.  “UNITED STATES v. TEXAS,” Case # 15-674

  2. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF THE UNITED STATES,” Submitted to the United States Supreme Court on 3/8/16.  “United States v. Texas, Case # 15-674

  3. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION,” Submitted to the United States District Court, Eastern District of New York on 8/25/16. “Martin Jonathan Batalla Vidal, et al v. Kirstjen M. Nielsen, et al, Case # 1:16cv4756

  4. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION,” Submitted to the United States District Court, Eastern District of New York on 9/6/17.  “States of New York, et al, v. Donald J. Trump, et al,” Case # 1:17cv5228

  5. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR PROVISIONAL RELIEF,” Filed with the United States District Court, Northern District of California on 9/8/17.  “The Regents of the University of California v. U.S. Department of Homeland Security,” Case # 3:17cv5211

  6. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR PROVISIONAL RELIEF,” Filed with the United States District Court, Northern District of California on 9/8/17.  “The Regents of the University of California v. U.S. Department of Homeland Security,” Case # 3:17cv5211

  7. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE,” Submitted to the United States Court of Appeals for the Ninth Circuit on 3/20/18.  “Regents of the University of California, et al v. U.S. Department of Homeland Security, et al, Case # 18-15068

  8. Joshua Riley, “BRIEF OF T. ALEXANDER ALEINIKOFF, ROXANA BACON, SETH GROSSMAN, STEPHEN H. LEGOMSKY, JOHN R. SANDWEG, AND PAUL VIRTUE IN SUPPORT OF PLAINTIFFS-APPELLEES,” Submitted to the United States Court of Appeals for the Second Circuit on 2/20/18.  “Vidal v. Trump,” Case # 18-485(L)

  9. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE,” Submitted to the United States Court of Appeals for the Ninth Circuit on 3/20/18.  “Dulce v. Garcia, Case # 18-15071

  10. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS,” US District Court for the Northern District of California, “Garcia v. Trump,” Case # 3:17cv5580

  11. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE,” Submitted to the United States Court of Appeals for the Ninth Circuit on 3/20/18.  “State of California et al, v. USDHS, et al, Case # 18-15069

  12. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE,” Submitted to the United States Court of Appeals for the Ninth Circuit on 3/20/18.  “County of Santa Clara, et al, v. Donald Trump, et al,” Case # 18-15072

  13. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE,” Submitted to the United States Court of Appeals for the Ninth Circuit on 3/20/18.  “UC Regents v. USA,” Case # 18-15128

  14. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE,” Submitted to the United States Court of Appeals for the Ninth Circuit on 3/20/18.  “City of San Jose v. Donald Trump,” Case # 18-15070

  15. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE,” Submitted to the United States District Court for the Northern District of California on 9/14/17.  “City of San Jose v. Donald Trump,” Case # 3:17cv5329

  16. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE,” Submitted to the United States Court of Appeals for the Ninth Circuit on 3/20/18.  “Dulce Garcia et al v. USA,” Case # 18-15134

  17. Joshua Riley, “BRIEF OF T. ALEXANDER ALEINIKOFF, ROXANA BACON, SETH GROSSMAN, STEPHEN H. LEGOMSKY, JOHN R. SANDWEG, AND PAUL VIRTUE IN SUPPORT OF PLAINTIFFS-APPELLEES,” Submitted to the United States Court of Appeals for the Second Circuit on 4/27/18. “Vidal v. Nielsen,” Case # 18-485

  18. Joshua Riley, “BRIEF OF FORMER HOMELAND SECURITY AND IMMIGRATION OFFICIALS AS AMICI CURIAE IN SUPPORT OF RESPONDENTS,” Submitted to the Supreme Court of the United States on 10/4/19.  “Department of Homeland Security v. Regents of the University of California,” Case # 18-587

  19. Joshua Riley, “BRIEF OF FORMER HOMELAND SECURITY AND IMMIGRATION OFFICIALS AS AMICI CURIAE IN SUPPORT OF RESPONDENTS,” Submitted to the Supreme Court of the United States on 10/4/19.  “Department of Homeland Security v. Regents of the University of California,” Case # 18-588

  20. Joshua Riley, “BRIEF OF FORMER HOMELAND SECURITY AND IMMIGRATION OFFICIALS AS AMICI CURIAE IN SUPPORT OF RESPONDENTS,” Submitted to the Supreme Court of the United States on 10/4/19.  “Department of Homeland Security v. Regents of the University of California,” Case # 18-58

  21. “State of Hawaii v. Trump,” United States District Court for the District of Hawaii, Case # 1:17cv50

  22. "County of Santa Clara v. Trump,” US District Court for the Northern District of California, 10/10/17, Case # 3:17cv5813

  23. Joshua Riley, “BRIEF OF FORMER FEDERAL IMMIGRATION AND HOMELAND SECURITY OFFICIALS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE, AND IN OPPOSITION TO DEFENDANTS APPELLANTS’ MOTION TO STAY,” Submitted to the United States Court of Appeals for the Fourth Circuit on 4/19/17. “International Refugee Assistance Project, et al, v. Donald Trump, et al,” Record Number 17-1351

  24. Joshua Riley, “Brief of Former Federal Immigration and Homeland Security Officials as Amici Curiae in Support of Plaintiffs-Appellees and Affirmance,” Submitted to the United States Court of Appeals for the Ninth Circuit on 4/21/17.  “Hawaii & Ismail Elshikh v. Trump,” Record # 17-15589

  25. Joshua Riley, “Brief of Former Federal Immigration and Homeland Security Officials as Amici Curiae in Support of Plaintiffs-Appellees and Affirmance,” Submitted to the United States Court of Appeals for the Ninth Circuit on 5/25/17.  “Hawaii & Ismail Elshikh v. Trump,” Record # 17-15589

  26. Joshua Riley, “Brief of Former Federal Immigration and Homeland Security Officials as Amici Curiae in Support of Plaintiffs-Appellees and Affirmance,” Submitted to the United States Court of Appeals for the Ninth Circuit on 9/18/17.  “Hawaii & Ismail Elshikh v. Trump,” Record # 17-15589

  27. Joshua Riley, “BRIEF OF JANET A. NAPOLITANO AND OTHER FORMER FEDERAL  IMMIGRATION OFFICIALS AS AMICI CURIAE IN SUPPORT OF RESPONDENTS ,” Submitted to the Supreme Court of the United States on 9/15/17.  “Trump v. Hawaii,” Case # 16-1436

  28. Joshua Riley, “BRIEF OF JANET A. NAPOLITANO AND OTHER FORMER FEDERAL  IMMIGRATION OFFICIALS AS AMICI CURIAE IN SUPPORT OF RESPONDENTS ,” Submitted to the Supreme Court of the United States on 9/15/17.  “Trump v. Hawaii,” Case # 16-1540

  29. Joshua Riley, “BRIEF OF JANET A. NAPOLITANO AND OTHER FORMER FEDERAL IMMIGRATION OFFICIALS AS AMICI CURIAE IN SUPPORT OF RESPONDENTS,” Submitted to the Supreme Court of the United States on 3/30/18.  “Trump v. Hawaii,” Case # 17-965

  30. “International Refugee Assistance Project Et Al V. Trump Et Al,” United States District Court for the District of Maryland, Case # 8:17cv361

  31. “International Refugee Assistance Project Et Al V. Trump Et Al,” United States Court of Appeals for the Fourth Circuit, Case # 17-1351

  32. “Rims Barber, et al v. Phil Bryant,” United States Court of Appeals for the Fifth Circuit, Filed 5/30/17


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