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SCOTUS Revives Biden Immigration Enforcement Plan

In an 8-1 vote Friday, SCOTUS upheld the Biden admin.'s policy of prioritizing public safety threats in immigration enforcement, with Justice Samuel Alito issuing the sole dissent. This overruled a Texas federal judge who blocked the policy a year ago.

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by Improve the News Foundation
SCOTUS Revives Biden Immigration Enforcement Plan
Image credit: Wikimedia Commons

Facts

  • In an 8-1 vote Friday, SCOTUS upheld the Biden admin.'s policy of prioritizing public safety threats in immigration enforcement, with Justice Samuel Alito issuing the sole dissent. This overruled a Texas federal judge who blocked the policy a year ago.1
  • After initially proposing a 30-day ban on all deportations, the policy guideline set by the Dept. of Homeland Security (DHS) only allows Immigration and Customs Enforcement (ICE) agents to deport recent border crossers and threats to public safety and national security.2
  • The Texas Judge, Drew Tipton, originally sided with Texas and Louisiana, who brought the policy to court and argued that the influx of immigrants would harm the states, forcing them to spend more money on law enforcement and social services.3
  • Arguing for the majority, Justice Brett Kavanaugh wrote that "The executive branch — not the judiciary — makes arrests and prosecutes offenses on behalf of the United States." This, however, comes after the court voted 5-4 to deny Biden's request to block the Texas court's ruling.4
  • Biden originally issued the guidelines — before they were halted by the lower court judge — following former Pres. Donald Trump's policy of arresting and deporting all migrants who enter the country without legal authorization.5
  • Justices Neil Gorsuch, Amy Coney Barrett, and Clarence Thomas said the states lack standing "because federal courts do not have authority to redress their injuries," as the states' claimed to face monetary injury. The court also concluded that the states may have standing in the future if the Executive Branch "wholly abandoned" its responsibilities.2

Sources: 1NBC, 2FOX News, 3Newsmax, 4Reuters, and 5NPR Online News.

Narratives

  • Democratic narrative, as provided by ABA Journal. All but one justice — meaning every conservative except Alito — agreed that Texas and Louisiana went too far in their request to block executive authority. While it may not be the preferred policy of certain attorneys general, the Biden admin. has executed its immigration responsibilities.
  • Republican narrative, as provided by The Washington Times. Constitutional theory is all well and good, but the truth of the matter is that Biden has completely opened the US border to illegals without showing any signs of enforcing immigration law once they're on American soil. Not only do states have the right to complain about this, but Congress should impeach the president over his neglect.

Predictions

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by Improve the News Foundation

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