A Texas federal court order blocked the Biden administration’s immigration enforcement policy that prioritizes the removal of certain immigrants. They cite that such “disruptive” relief has not been justified. In response, the Biden administration filed an emergency application with the Supreme Court to shut down this order.

The Biden administration referenced a decision by the Sixth Circuit that found immigration officers still have control over removal and detention actions. However, the guidance does limit their ability to pursue action against certain immigrants. This decision lifted an Ohio federal judge’s ruling to partially block this immigration enforcement policy from the White House.

President Biden’s latest Immigration and Customs Enforcement (CE) guidance instructs the prioritization of the removal of individuals considered threats to border security. This includes those caught trying to enter the U.S. without documentation and those who are threats to national security and public safety.

A U.S. District Judge agreed with Texas and Louisiana and vacated this guidance nationwide. The judge stated that the policy contradicted the Immigration and Nationality Act which mandates that certain categories of immigrants be detained. These categories include immigrants with serious criminal convictions or final deportation orders.

The emergency application argues that the decision by the Texas federal court is disrupting DHS’s ability to focus its limited resources on noncitizens who pose the biggest threat to U.S. safety and security. The district court’s finding that the guidance may cause increased expenditures, according to DHS and other applicants, does not justify their finding or establish standing.

This case represents part of a forming trend of courts suing the federal government over federal policies. Ohio, Arizona, and Montana have filed similar lawsuits against this DHS guidance. The applicants stated that the Supreme Court ought to stay this case. This guidance is part of the Biden administration’s attempts to move away from the Trump administration’s attempt to remove all unauthorized immigrants.

We continue to actively monitor ongoing legal actions that may affect U.S. immigration. If you have questions about your immigration issue, contact us. We work closely with our clients in their particular situations to ensure they get the right advice.

Immigration enforcement