In a significant win for the Biden administration, the United States Supreme Court affirmed the federal government’s authority to choose which undocumented migrants should be prioritized for deportation.
With an 8-1 vote, the decision responded to the legal challenges brought forth by Texas and Louisiana, asserting their lack of legal standing to contest the federal government’s immigration policy.
The dispute arose when, in September 2021, the Department of Homeland Security directed US Immigration and Customs Enforcement to concentrate their deportation efforts on individuals considered a threat to national security, public safety, or border security.
Solicitor General Elizabeth Prelogar, representing President Joe Biden’s administration, justified this policy in court, stating the federal government must prioritize its efforts due to limited resources and the estimated 11 million undocumented immigrants within the country.
- The Majority Opinion and Dissenting Voices
Justice Brett Kavanaugh, the majority opinion’s author, remarked that the lawsuit brought by the states was “extraordinarily unusual.” He highlighted that the states were seeking a federal court’s order to compel the Executive Branch to revise its arrest policies to enforce more arrests, a type of lawsuit that federal courts have not typically entertained.
Justice Kavanaugh further expressed concerns that if the court had ruled in favor of the states, it would result in extensive judicial oversight of the Department’s arrest policies and set a precedent for potential future complaints about the perceived under-enforcement of various laws.
On the opposing side, Texas Solicitor General Judd Stone argued that prioritizing certain categories of people for deportation places substantial financial and law enforcement burdens on border states like Texas.
Greg Abbott, Texas’ Republican governor, criticized the court’s decision, labeling it “outrageous” and accusing it of giving the Biden administration unchecked power to evade accountability for lax enforcement of immigration laws.
The Supreme Court’s Decision
The ruling elicited varied reactions. The American Civil Liberties Union praised the decision, stating it “soundly rejects the misguided attempt by Texas and Louisiana to force the government to implement the most draconian immigration enforcement policy.”
On the contrary, several Republican-led states challenged the Biden administration’s policy as being excessively lenient and argued that it diverges from the Trump administration’s stance, which advocated for the expulsion of “all removable aliens.” A Texas court previously blocked the policy before reaching the Supreme Court.
