In what one immigration campaigner blasted as “a radical, unprecedented decision,” the U.S. Supreme Court on Thursday blocked the Biden administration from resuming a policy limiting migrant deportations.
The court was elected by 5-4 votes rejectedThe administration made an emergency appeal and upheld a Texas judge’s order requiring the government to deport immigrant who have been convicted for serious crimes.
Aaron Reichlin–Melnick is the policy director at American Immigration Council. tweeted: “At stake in this case is a fundamental question; can a president choose who to target for deportation? For generations, the answer has been “yes”. This was repeatedly confirmed by the Supreme Court. But now that discretion is at risk of being stripped away.”
Shortly after taking office, Biden, disavowing former President Donald Trump’s “zero tolerance” immigration policy, issuedGuidance prioritizing the deportation for those who pose the greatest threat to public safety
Justice Amy Coney Barrett joined liberal justices Elena Kagan, Sonya Sotomayor, and Ketanji Brown Jackson in saying they would have granted the administration’s request. It was Jackson’s first public vote since joining the court.
The high court said that it would hear oral arguments in this case. United States v. TexasIn December.
Absolutely absurd. Every presidential administration has had immigration enforcement priorities. The 2003 creation of DHS by Congress required that the DHS secretary establish such priorities. A 5-4 SCOTUS has allowed one Texas judge to overrule Mayorkas. https://t.co/fjndL5dyN9
— Aaron Reichlin-Melnick (@ReichlinMelnick) July 21, 2022
Thursday’s decision was a victory for Republican leaders in Texas and Louisiana who have sued the Biden administration over its guidance. Immigration campaigners, however, denounced the high court’s vote.
“SCOTUS has basically just allowed a lone Trump-appointed judge in Texas the power to tell a president what immigration priorities it can and can’t enforce,” tweetedEl Otro Lado is an advocacy group. “Crazy.”
Reichlin-Melnick noted that “the Supreme Court repeatedly granted the Trump administration emergency relief in situations that were far less extreme than this order.”
The anti-immigrant judicial pipeline continues to grow. #SCOTUS predictably refuses to lift injunction on Biden’s common sense #immigration enforcement priorities. Beware grammas & grandpas. ICE agents are preparing to raid a house near you. https://t.co/pruI3GsuMK
— David Leopold (@DavidLeopold) July 21, 2022
He continued:
This is a radical decision that makes clear that the Supreme Court is picking favorites, and it’s not the Biden [Justice Department]. This effectively means that the secretary for homeland security has been effectively banned from instructing for at most eight to 10 months [Immigration and Customs Enforcement] [Customs and Border Protection]Agents are unable to carry out their duties unless he can convince one Texas judge to give his orders.
“This case was the perfect example of a situation where emergency relief should have been granted; a radical, unprecedented decision granting nationwide relief to restrict a core function of a cabinet officer, and in direct conflict with another appeals court,” Reichlin-Melnick added. “Yet SCOTUS said OK.”
