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    SCOTUS Refuses To Reinstate Biden Policy Limiting Immigration Arrests Before It Hears Texas Challenge

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    The Biden administration attempted to have a federal judge’s decision prohibiting immigration officers from using its enforcement guidelines blocked by the U.S. Supreme Court on Thursday, but the appeal was dismissed.

    The Texas Tribune reported that “The Supreme Court on Thursday refused to reinstate the Biden administration’s policy limiting immigration arrests after a Texas district judge said the guidance to deportation officers violated federal laws.

    The court instead said it will hear the merits of the case in December. The practical result is that the administration will not be able to implement its strategy for the rest of the year. The Biden administration had protested that it was unfair to allow a single district judge to disrupt the executive branch’s immigration priorities on a nationwide basis.”

    In a 5-4 decision, Justices Ketanji Brown Jackson, Sonia Sotomayor, Elena Kagan, and Amy Coney Barrett “indicated they would have granted the administration’s request to put the lower court ruling on hold and allow the administration to go forward with its policy while deciding the merits of the case.”

    The order’s one page said:

    The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; 2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2). The case will be set for argument in the first week of the December 2022 argument session.

    The Supreme Court issued its eagerly anticipated decision on the “Remain in Mexico” policy of the Trump administration in late June.

    In this instance, the Biden administration sought to reverse a Trump-era rule that obliged asylum claimants to wait in Mexico while their cases were processed by immigration courts in the United States. Under this program, the Trump administration returned more than 70,000 asylum claimants to Mexico.

    The Supreme Court decided that President Joe Biden’s administration can end the Trump administration’s immigration policy in a 5-4 decision.

    Republican justices The ruling was joined by liberal justices John Roberts and Brett Kavanaugh.

    Justice Brett Kavanaugh hinted that he supported maintaining the policy during oral arguments before the Supreme Court earlier this year.

    More on this story via Conservative Brief:

    Kavanaugh asked Solicitor General Elizabeth Prelogar, who represented the Biden administration, whether there was any indication that Congress when it last rewrote the law in 1996, knew that hundreds of thousands of people would be released in the U.S. while they wait for their hearings.

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