The U.S. Supreme Court on Thursday rejected the Biden administration's request to immediately impose a different policy on immigrant deportation criteria than that dictated by his predecessor, Donald Trump.
The ruling (5-4) was the first time Justice Ketanji Brown Jackson participated, who along with Justices Sonia Sotomayor, Elena Kagan, and Amy Coney Barrett reportedly agreed to the Biden Administration's request to suspend a ruling issued by a federal district court in Texas that nullified the president's immigration policy regarding deportation priorities.
Last week, the Biden administration filed an emergency appeal with the Supreme Court to overturn a ruling by a federal court in the District of Texas that, in June, halted the deportation priorities of Immigration and Customs Enforcement (ICE).
The new priorities, presented by the Government, focus on those undocumented immigrants with deportation orders and criminal records who constitute a threat to the public, national and border security of the United States, contrary to that of Donald Trump, who targeted all undocumented immigrants for deportation.
The plaintiffs, the states of Texas and Louisiana, both governed by Republicans, allege that the Department of Homeland Security's (DHS) deportation policy announced in late September 2021 violated the Administrative Procedure Act (APA) by not taking into account the states' opinions.
They also state that the government cannot change the Immigration Law, and that it is obligated to detain and expel foreigners with deportation orders and criminal records.
States that halted the deportation priorities of Joe Biden's administration celebrated the Supreme Court's decision issued on Thursday.
Other states also argued that implementing the priorities would lead to an increase in crime and place a burden on law enforcement resources.
Meanwhile, immigrant rights organizations have spoken out, stating: “This is an absolutely absurd ruling. Every presidential administration in history has had immigration enforcement priorities,” said Aaron Reichlin-Melnick of the American Immigration Council (AIC). “When Congress created the DHS, it legally mandated that the Secretary of Homeland Security set those priorities. Now, a 5-4 divided court has allowed a single judge in Texas to overrule Mayorkas.”
The existence of two different rulings issued by the 5th and 6th Circuit Courts of Appeals, decisions that generated a contradiction on the issue, opened the door for the government to go to the Supreme Court to resolve the legal conflict.
Now, everyone is waiting to see what actions the Government will take through the relevant departments and the oral hearing that will be held in December on this issue.
This news report was compiled using information from: Univision, El Nuevo Herald, and Telemundo.
Finally, people with a deportation order or without a defined legal status should, before taking any action, first seek legal advice and see what resources are available for their case.
Schedule your initial consultation https://www.asisvisa.com/consulta-legal