Biden's immigration policy blocked by the Supreme Court

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Washington D.C
The Biden admin's policy was struck down in a 5-4 decision. (Mandel Ngan/AFP via Getty Images)

The Supreme Court ruled against a Biden administration policy that prioritized deporting illegal immigrants who threatened national security or public safety.

In a 5-4 decision, the court froze the policy for the time being but indicated it would likely hear arguments on the matter in late November. Amy Coney Barrett, a conservative justice, concurred with the three liberal judges who would have let Biden initiate the instruction.

The ruling is a result of the administration's emergency request to the court in response to conflicting decisions by federal appeals courts. The case originates from an order issued by the Department of Homeland Security in September, which halted deportations unless the individual committed acts of terrorism, espionage, or actual criminal conduct that threatened public safety.

The seven-page letter from Homeland Security Secretary Alejandro Mayorkas states, "The fact that a person is a removable noncitizen... should not be the sole basis for enforcement action against them." "We will exercise judgment and direct our enforcement resources more precisely. Justice and the welfare of our nation necessitate it."

Earlier last month, a federal appeals court in Cincinnati reversed a district judge's decision to freeze the program in a case filed by Arizona, Ohio, and Montana. However, in response to a second lawsuit filed by Texas and Louisiana, a federal court in Texas imposed a countrywide halt to the guidelines.

Solicitor General Elizabeth Prelogar said in a court filing that the Texas judge's ruling constitutes a "national, court-mandated reordering of the Executive Branch's enforcement priorities."

In its Supreme Court submission, Texas and Louisiana said that the administration's approach violates federal law requiring the detention of illegal aliens convicted of serious crimes.

The memo superseded a Trump-era program that evicted illegal immigrants regardless of their criminal background or community ties.

Before deporting an illegal immigrant who has committed a crime, the letter lists mitigating circumstances such as age, length of residence in the United States, military or another public service, and the impact of their removal on their family in the nation.

Section of the memo The majority of undocumented noncitizens who could be susceptible to removal have been contributing members of our communities for years, according to a memo dated September 2021.

"They include individuals who are on the front lines of the fight against COVID, who lead our religious congregations, who teach our children, who do backbreaking farm work to help bring food to our tables, and who contribute in numerous other significant ways."

Publish : 2022-07-22 10:01:00

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