The U.S. Supreme Court ruled that both Texas and Louisiana do not possess the necessary standing to challenge President Biden’s efforts in prioritizing national security threats and other criteria for immigration arrests and deportation guidelines. The justices, in an 8-1 decision, chose not to address the question of whether the guidance from the U.S. Immigration and Customs Enforcement (ICE) violated various provisions of the Immigration and Nationality Act. This ruling effectively overturned the decision made by a Texas federal judge last June.

Justice Kavanaugh, in the majority opinion, dismissed the states’ claim of standing based on the costs they anticipated incurring due to the Biden administration’s policy. The ruling states the two states do not have a legal basis to challenge the deportation guidelines policy. Further, the court stated there are no solid injuries incurred by Texas and Louisiana, the two states who filed the suit. The justices called the lawsuit ‘extraordinarily unusual’ as it asked the judicial branch to require the executive branch to arrest more people. The Court also said the lawsuit goes against the executive branch’s power to enforce federal laws.

Issued in February 2021, the Biden policy updated immigration enforcement guidance, prioritizing the deportation of those who are considered a threat to border security, national security, and public safety. The Biden administration states there are over 11 million unauthorized immigrants in the United States and the Department of Homeland Security does not have enough resources to enforce the removal of all.

If you have questions about any immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to U.S. immigration policy, ensuring our clients get the right advice.

Deportation