Hight court to hear Biden deportation policy
A dispute over a blocked Biden administration policy that would prioritize deportation of people in the country illegally who pose the greatest public safety risk is being taken up by the Supreme Court.
A court order that is meant to limit immigration officers’ discretion in deciding whom to deport was sued for and won by republican-lead states. The justices will hear arguments in the case Tuesday.
A GOP-friendly court system has been successful in slowing down the Biden administration’s initiatives, which is the latest example of a Republican litigation strategy.
So far, the administration’s student loan cancellation program has been prevented from taking effect by four Republican-appointed judges, three of which were chosen by President Donald Trump.
A September 2021 directive from the Department of Homeland Security that paused deportations unless individuals had committed acts of terrorism, espionage or “egregious threats to public safety” is at the center of the immigration legal fight.
After Joe Biden became president, the guidance, which updated a Trump-era policy, removed people in the country illegally regardless of criminal history or community ties.
“The administration said in a written high-court filing that the ‘decision to prioritize threats to national security, public safety, and border security was both reasonable and reasonably explained,’ especially since Congress has not given DHS enough money to vastly increase the number of people it holds and deports,”
Texas and Louisiana responded that the administration’s guidance violates federal law by not detaining people who are in the U.S. illegally and have been convicted of serious crimes.
Despite their criminal records, the federal government might allow people to remain free inside the United States, which would result in added costs for the states to detain these individuals.
DHS guidance had led to conflicting decisions by federal appeals courts.
Earlier, a federal appeals court in Cincinnati overturned a district judge’s order that put the policy on hold in a lawsuit filed by Arizona, Ohio and Montana.
A federal judge in Texas ordered a nationwide halt to the guidance in a separate suit filed by Texas and Louisiana, and a federal appellate panel in New Orleans declined to step in.
The court voted 5-4 in July to leave the immigration policy frozen nationwide. The three liberals on the court, joined by conservative Justice Amy Coney Barrett, said they would have allowed the Biden administration to put in place the guidance.
The court said it would hear arguments in the case in late November at the same time.