In a 8-1 decision, the Supreme Court rules the Biden administration may focus its efforts on arresting and deporting those who pose a current danger.
The Supreme Court on Friday upheld a key part of President Biden’s plan for targeted immigration enforcement, ruling the administration may focus its efforts on arresting and deporting those who pose a current danger.
Writing for the court, Justice Brett M. Kavanaugh said “the states essentially want the federal judiciary to order the executive branch to alter its arrest policy so as to make more arrests. But this court has long held ‘that a citizen lacks standing to contest the policies of the prosecuting authority when he himself is neither prosecuted nor threatened with prosecution.
At issue is whether the law requires mandatory detention for immigrants who have a serious crime on their record or instead allows the administration to focus on arresting and deporting those who pose a current danger to public safety. “It is well-established in the law that federal government officials have broad discretion to decide who should be subject to arrest, detainers, removal proceedings and the execution of removal orders,” he said last September. He said enforcement should focus on “noncitizens who pose a current threat to public safety,” not all those who have a criminal record.
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