SCOTUS rejects Texas and Louisiana's challenge to Biden immigration policy

Washington DC - In a victory for President Joe Biden's administration, The Supreme Court upheld the federal government's right to decide which undocumented migrants should be targeted for deportation.

The US Supreme Court ruled 8-1 that the states of Texas and Louisiana lacked legal standing to challenge the Biden administration's immigration policy.
The US Supreme Court ruled 8-1 that the states of Texas and Louisiana lacked legal standing to challenge the Biden administration's immigration policy.  © Kevin Dietsch / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

In an 8-1 vote, the nation's highest court ruled on Friday that the states of Texas and Louisiana lacked the legal standing to challenge the federal government's policy.

Texas and Louisiana filed suit after the Department of Homeland Security, in September 2021, instructed US Immigration and Customs Enforcement to concentrate expulsion efforts on persons who "pose a threat to national security, public safety, and border security."

Defending the policy of President Joe Biden's administration in court, Solicitor General Elizabeth Prelogar said the federal government has to prioritize its efforts because it does not have the resources to pursue the 11 million undocumented "noncitizens" in the country.

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Justice Brett Kavanaugh, who wrote the majority opinion, said the states had brought an "extraordinarily unusual lawsuit."

"They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests," Kavanaugh said. "Federal courts have not traditionally entertained that kind of lawsuit."

He said if the court ruled in favor of the states it would lead to "expansive judicial direction of the Department's arrest policies."

"We could anticipate complaints in future years about alleged Executive Branch under-enforcement of any similarly worded laws -- whether they be drug laws, gun laws, obstruction of justice laws, or the like," Kavanaugh said.

Texas Governor Greg Abbott denounced the court's decision as "outrageous."

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The SCOTUS ruling against Texas and Louisiana regarding immigration is a victory for the Biden administration.
The SCOTUS ruling against Texas and Louisiana regarding immigration is a victory for the Biden administration.  © Chip Somodevilla / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

During oral arguments before the court in November, Texas Solicitor General Judd Stone said prioritizing certain categories of persons for expulsion would impose costs on the state, which shares a border with Mexico and is an entry point for hundreds of thousands of undocumented migrants every year.

Gov. Abbott, who has been sending busloads of immigrants to Democratic-ruled states in recent months to protest the federal government's immigration policies, said the ruling gives the Biden administration "carte blanche to avoid accountability for abandoning enforcement of immigration laws."

But the American Civil Liberties Union, on the other hand, said the decision "soundly rejects the misguided attempt by Texas and Louisiana to force the government to implement the most Draconian immigration enforcement policy."

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The Biden administration's move to target individuals considered a threat to national security or public safety for deportation represented a shift from the policy of the administration of former president Donald Trump, which called for the expulsion of "all removable aliens."

The Biden policy was immediately challenged by several Republican-led states as being too narrow and was blocked by a court in Texas before reaching the Supreme Court.

Cover photo: Collage: Kevin Dietsch & Chip Somodevilla / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

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