A Texas federal judge vacated a Biden administration policy regarding the prioritization of immigration enforcement. The judge stated it contradicts a legal requirement to detain certain immigrants. The judge sided with Texas and Louisiana, who argued that the policy violates the Immigration and Nationality Act’s requirement to detain immigrants with serious criminal convictions or final deportation orders. Texas and Louisiana argued that the policy would allow for the release of immigrants who could threaten the safety of the state and take advantage of public resources, costing the state money.

Biden’s latest iteration of U.S. Immigration and Customs Enforcement (ICE) guidance prioritizes the removal of those who are caught trying to enter the US without documentation, those who entered without documentation since November 2020, or those who pose a threat to national security or public safety. Included in the threat to public safety are those found guilty as spies, terrorists, and those who have committed serious crimes.

The judge argued that the current detention policy is explicit and does not allow for room to decide whether or not an immigrant is to be detained. Unlike the executive branch, which has the ability to choose to abandon enforcement on a case-by-case basis, this policy implementation has nothing to do with individual cases and wholly contradicts the Congressional detention mandate. He also stated that the policy would violate the Administrative Procedure Act, as it would require more input and public awareness before implementation.

Louisiana claimed that Biden violated an agreement made under the Trump administration to consult with the state on changes to immigration enforcement policies. However, the judge ruled that such an agreement was never valid.

Another case that challenged the Biden administration’s ICE immigration enforcement guidance occurred in Ohio, in which a federal judge sided with Ohio, Arizona, and Montana and blocked officials from following the guidance. However, the Sixth Circuit allowed the Department of Homeland Security (DHS) to resume the policy. Additionally, an Alabama federal judge was asked to vacate the guidance by Alabama, Florida, and Georgia; multiple Texas sheriffs brought forward a similar case. These cases are all currently ongoing.

ILBSG actively monitors ongoing legal actions that may affect U.S. immigration and our clients. We put our expertise and insight to work for our clients to ensure they get the right advice. Contact us.

biden immigration policy Border enforcement ICE