Biden Can’t Introduce Deportation Program Due to Supreme Court Order

Biden Can't Introduce Deportation Program Due to Supreme Court Order
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The Biden administration’s priority deportation of illegal immigrants who pose the greatest danger to community security will not be carried out because the Supreme Court will not permit it.

Following the court’s directive on Thursday, the policy is frozen nationwide. The decision was a 5-4 verdict in favor of the Biden administration, with conservative Justice Amy Coney Barrett siding with liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson in their support of the decision.

The court also stated that it would hear the case’s arguments and that they would take place in late November.

After Justice Stephen Breyer’s retirement on June 30, Jackson entered the court, and this was her first official vote since then.

The administration had petitioned the court urgently in response to conflicting rulings by federal appeals courts regarding a Homeland Security Department directive from September that halted deportation unless they had engaged in acts of terrorism, espionage, or “egregious dangers to public safety.”


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With more people being detained at the border between the United States and Mexico, Biden is attempting to modify immigration laws. In the fiscal year that concluded in September of last year, Border Patrol agents detained a record-breaking 1.66 million people who tried to cross the border, and monthly arrests have stayed high ever since. Immigration officials claim that part of this rise is that more persons have tried multiple border crossings due to Title 42, which has increased the recidivism rate.

Secretary of Homeland Security Alejandro Mayorkas argued that federal agents shouldn’t waste scarce resources detaining immigrants who belong to their countries and aren’t a threat to the general public when ICE released new guidelines in September. In addition, President Joe Biden took several steps to roll back some of the strict immigration policies put in place by the Trump Administration, which saw all undocumented immigrants as potential deportation targets.

In a case brought by Arizona, Ohio, and Montana, the federal appeals court in Cincinnati this past month rejected a district judge’s decision to halt the policy.

However, a federal judge in Texas halted the instruction nationwide when Texas and Louisiana filed a separate lawsuit, and a federal appeals panel in New Orleans declined to intervene.

According to Solicitor General Elizabeth Prelogar in a court document, the judge’s ruling equated to a “nationwide, judicially imposed revamp of the executive branch’s enforcement priorities.” The chief Supreme Court attorney for the administration is Prelogar.

Texas and Louisiana said in their Supreme Court proposal that the administration’s direction is against the federal rule, which orders the detention of people who are in the nation unlawfully and blameworthy of severe crimes. In addition, the states said holding persons the federal government might let stay free within the country despite having criminal histories would incur additional costs.

The guidance, released following Joe Biden’s election as president, modified a Trump-era directive that expelled individuals in the nation illegally regardless of their criminal histories or ties to the community.

Check out latest U.S Immigration News here!

Get the latest Canada Immigration News here!


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