(USNewsMag.com) – The Supreme Court’s 8-1 verdict on June 23 upheld the Biden administration’s immigration rules that set out the order of which non-citizens should be deported first. The rule was challenged by Louisiana and Texas, which said the rule violated federal law.
The regulation that led to the lawsuit was laid out in a memo sent by Alejandro Mayorkas, Secretary of Homeland Security, in September 2021. He said that it is inappropriate to take legal action against someone just because they are a “removable noncitizen.” DHS lacks the manpower to remove all illegal aliens from the nation.
The lawsuit alleged that the current administration’s immigration policy was in violation of the law. The Attorney Generals of Louisiana, Jeff Landry, and Texas, Ken Paxton, spearheaded the effort to invalidate Biden’s deportation program, which they said ran afoul of federal law.
They claimed that federal law requires deportation of all illegal migrants, irrespective of criminal history, but the program only targets individuals with ties to terrorism or criminal records. By finding in favor of the Biden administration, the court narrowed the circumstances under which individual states can challenge government policies or actions that they are opposed to or disagree with.
The 8-1 majority, led by Justice Brett Kavanaugh, states that the lawsuit wants a federal court to mandate changes to the Executive Branch’s arrest policy because they want more arrests. He claimed that the States do not provide any precedent for such a lawsuit, and federal courts have always rejected such cases.
To counter the majority judgment that Louisiana and Texas lacked standing for challenging the program, Justice Samuel Alito stated that the states’ capacity to confront the executive branch was weakened. In his dissent, he argued that the judgment means that Congress’ ability to impeach, withdraw money from, remove, etc., is the sole check on the President’s ability to defy the law.
He argued that the States will take the hit if the federal government refuses or fails to implement immigration laws. Alito said this was a highly faulty and perhaps disastrous understanding of executive power.
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