U.S. Supreme Court allows Biden's shift on immigration enforcement
Send a link to a friend
[June 24, 2023]
By Andrew Chung
(Reuters) - The U.S. Supreme Court on Friday gave President Joe Biden's
administration the green light to move ahead with guidelines shifting
immigration enforcement toward countering public safety threats, handing
him a victory on the politically contentious issue in a legal battle
with Texas and Louisiana.
The 8-1 decision overturned a judge's ruling last year that had halted
Department of Homeland Security (DHS) guidelines narrowing the scope of
those who can be targeted by immigration agents for arrest and
deportation.
The decision, authored by conservative Justice Brett Kavanaugh,
underscored the authority of the U.S. government's executive branch to
enforce federal law and decide who to arrest and prosecute, including in
the context of immigration.
The guidelines reflected the Democratic president's recalibration of
U.S. immigration policy after the hardline approach taken by his
Republican predecessor Donald Trump, who sought to broaden the range of
immigrants subject to arrest and removal.
Biden's policy prioritized apprehending and deporting non-U.S. citizens
who pose a threat to national security, public safety or border
security, giving agents more discretion to consider individual
circumstances.
![](http://archives.lincolndailynews.com/2023/Jun/24/images/ads/current/ldn_sda_KAREN_012823.png)
The Republican attorneys general of Texas and Louisiana filed suit to
challenge Biden's policy but the justices determined that the two states
lacked the legal standing to bring the case.
Kavanaugh wrote that lawsuits alleging that the government has made
insufficient arrests or prosecutions "run up against" the authority of
the executive branch to enforce federal law.
"The executive branch - not the judiciary - makes arrests and prosecutes
offenses on behalf of the United States," Kavanaugh wrote.
Conservative Justice Samuel Alito dissented from the decision.
U.S. Homeland Security Secretary Alejandro Mayorkas praised the
decision.
"The guidelines enable DHS to most effectively accomplish its law
enforcement mission with the authorities and resources provided by
Congress," Mayorkas said.
In a Twitter post, Texas Governor Greg Abbott, a Republican, called the
decision "outrageous" for giving the Biden administration "carte blanche
to avoid accountability for abandoning enforcement of immigration laws."
Abbott added: "Texas will continue to deploy the National Guard to repel
& turn back illegal immigrants trying to enter Texas illegally."
Friday's ruling stood in contrast to the Supreme Court's action last
July denying Biden's request to block the lower court's judgment and
reinstate the new guidelines while the litigation proceeded. Four
justices dissented from that decision, including the three liberal
justices and conservative Justice Amy Coney Barrett. All four were in
the majority in Friday's decision.
[to top of second column]
|
![](../images/062423PIX/news_t99.jpg)
A general view of the U.S. Supreme Court
building in the rain the day before the start of the court's new
term in Washington, U.S. October 2, 2022. REUTERS/Jonathan
Ernst/File Photo
![](http://archives.lincolndailynews.com/2023/Jun/24/images/ads/current/graue_lda_preowned_061923.jpg)
In another immigration-related ruling on Friday, the Supreme Court
overturned a lower court's decision invalidating a federal law that
makes it a crime for a person to encourage illegal immigration as a
violation of constitutional free speech protections. Biden's
administration had defended the law.
Republicans have criticized Biden as weak on immigration policy,
saying his actions - including fewer detentions and deportations -
have encouraged more illegal border crossings. The issue of
immigration could figure prominently in the 2024 U.S. presidential
election, with Biden seeking a second term in office and Trump
running for his party's nomination.
U.S. District Judge Drew Tipton ruled in favor of Texas and
Louisiana in June 2022, suspending the policy nationwide. Tipton was
appointed by Trump. The Supreme Court the following month voted 5-4
not to block Tipton's ruling halting the guidelines.
In announcing the new guidelines in 2021, Mayorkas cited the
longstanding practice of government officials exercising discretion
to decide who should be subject to deportation and said that most
immigrants subject to deportation "have been contributing members of
our communities for years."
The administration has said that U.S. officials have long relied on
setting enforcement priorities considering that there are estimated
11 million immigrants living in the country illegally.
Biden's administration argued that the two states lacked the proper
legal standing to sustain the lawsuit because they have not suffered
direct harm due to the policy. Texas and Louisiana argued that they
would be harmed by having to spend more money on law enforcement and
social services due to an increase in non-U.S. citizens present
within their borders.
During Biden's first year in office, arrests and deportations of
immigrants in the United States illegally declined compared to
previous years. In the fiscal year that ended on Sept. 30, 2021,
deportations dropped to 59,000 compared with 186,000 the prior year.
In the fiscal year that ended on Sept. 30, 2022, such deportations
reached 72,000.
(Reporting by Andrew Chung in New York; Editing by Will Dunham)
[© 2023 Thomson Reuters. All rights
reserved.]This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content.
![](http://archives.lincolndailynews.com/2023/Jun/24/images/ads/current/castlemanor_sda_FINANCIAL_2017.png) |