SCOTUS reinstates Biden's immigration policy. Republican leaders in Texas and Louisiana challenged the policy in federal court last summer
n an 8-1 ruling Friday, the U.S. Supreme Court reinstated the federal government’s immigration enforcement guidelines dictating which unauthorized immigrants should be prioritized for arrest and deportation. The court decided that Texas and Louisiana, the states that challenged federal guidelines, lacked standing to bring the suit.
The ruling is a victory for the Biden administration and the White House has reiterated its priority to be intentional about who is detained and deported, given limited and strained government resources.Roughly 11 million people are in the U.S. without authorization, compared to about 6,000 ICE deportation agents. Homeland Security Secretary Alejandro Mayorkas called Biden’s shift to target arrests on limited groups to save resources, an exercise of prosecutorial discretion.
U.S. District Judge Drew Tipton, appointed by Trump, blocked the policy in June 2022, calling it unlawful. Unlike the recent Supreme Court ruling, Tipton deemed that Texas had standing because the state was able to prove it had unauthorized immigrants, who in some cases, had committed crimes. “In sum, the states have brought an extraordinarily unusual lawsuit,” Kavanaugh wrote. “They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this.”
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