Washington (BLAZETRENDS) to public safety.
By 8 votes to 1, the judges dismissed the lawsuit that asked to stop the implementation of the Biden Administration’s priority guide, which asks Immigration and Customs Enforcement (ICE) agents to focus their detention efforts on immigrants. They pose a danger to the security of the country.
According to the US highest court, states have no standing to sue. This decision could serve as a precedent to set the stage for when a state can challenge a federal policy.
The states facing Biden’s immigration policy
Texas and Louisiana sued Biden’s deportation policies, issued in February 2021, which instruct the government agency charged with enforcing immigration laws to give priority to arresting and deporting immigrants deemed a security threat. national, those who have recently crossed the border irregularly or those who have committed certain serious crimes.
The plaintiff states claimed that the directive is illegal since, by law, the Immigration and Customs Enforcement (ICE) service has a duty to detain all undocumented migrants who have committed crimes or have final orders of deportation.
According to today’s ruling, written by Conservative Justice Brett Kavanaugh, the challengers have no legal standing to sue over the plan and this was an “extraordinarily unusual” lawsuit because it sought to “order the executive branch to change its arrest policies to make more arrests.”
Federal courts, he added, “do not normally hear such cases” because there are “other forums that remain open” for states to express their concerns.
After Biden enacted this regulation, which imposes different rules than those dictated by his predecessor Donald Trump (2017-2021), Texas and Louisiana immediately challenged the plan in court.
The mess with immigration detention
They argued that federal immigration regulations require that certain illegal immigrants, including those convicted of felonies, human trafficking and some weapons offenses, must be detained after being released from criminal custody.
Biden’s policy, which required an individual assessment of whether an immigrant is a threat to public safety or national security while the government begins deportation proceedings, would challenge that requirement, the states said.
Several measures implemented by the Biden Government have been sued in the courts by states with Republican governments in the last year, the most recent being the student debt cancellation policy.
