More than a year into office, many of Donald Trump’s policies remain as Republican states have repeatedly blocked President Biden’s attempts to change them, using the courts in a way to stymie presidential power that was unheard of just a decade ago.
Migrants navigate barbed wire after crossing the Rio Grande at Eagle Pass, Texas, on April 26, 2022. Homeland Security officials have said they are preparing for as many as 18,000 migrants a day after Title 42 expires, while most predictions hover around 12,000.WASHINGTON — President Joe Biden vowed to dismantle virtually every immigration policy Donald Trump put in place as he campaigned for office on a platform calling for rebuilding a “humane” system.
Republicans were outraged. Greg Abbott — in the final weeks of his time as attorney general after winning his first run for governor — said Obama “circumvented Congress and deliberately bypassed the will of the American people." “Immigration used to be a backwater issue at best among attorneys general of the United States until a few years ago, until they realized the potency of the politics of immigration,” said Muzaffar Chishti, a senior fellow at the nonpartisan Migration Policy Institute.
Texas-led lawsuits have also convinced courts to block Biden’s attempts to put a moratorium on deportations during his first 100 days in office and to overturn the Trump-era “Remain in Mexico” policy, which requires asylum seekers to await the outcomes of their cases south of the border. Experts say it remains to be seen how exactly the new conservative majority of the court will land on immigration as a whole.Before Republicans gained a 6-3 majority on the court with the confirmation of Justice Amy Coney Barrett, the high court had gone back and forth on immigration, with Chief Justice John Roberts serving as a key swing vote.
Abbott, meanwhile, has said he wants to challenge another core immigration ruling, known as Plyler v. Doe, which mandates public schools educate children of immigrants in the country without paperwork. Legal experts say the outcome is clear: Courts are more willing than ever to take immigration cases seriously.
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