Supreme Court Dismisses Republican Challenge Against Biden’s Deportation Policy

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On Friday, the Supreme Court dismissed a challenge from Republicans against a previously obstructed deportation policy of the Biden administration. This policy targets immigrants considered to pose the greatest threat to public safety or those apprehended at the border for deportation.

The court, in an 8-1 vote, allowed the policy to proceed, acknowledging insufficient funds and manpower to deport the estimated 11 million people residing illegally in the United States.

Louisiana and Texas contended that the federal immigration law necessitates the detention and deportation of all, regardless of the risk they pose. However, the court maintained that these states lacked the legal standing to sue.

Justice Brett Kavanaugh, writing for the court, explained that the executive branch is obliged to prioritize enforcement actions due to resource constraints.

Kavanaugh wrote, “The Executive Branch invariably lacks the resources to arrest and prosecute every violator of every law and must constantly react and adjust to the ever-shifting public-safety and public welfare needs of the American people.”

At the heart of the case was a September 2021 directive from the Department of Homeland Security. It halted deportations unless individuals committed acts of terrorism, espionage, or posed “egregious threats to public safety”. This updated a Trump-era policy that called for the deportation of individuals in the country illegally, regardless of criminal history or community connections.

The case highlighted a common litigation tactic used by Republican attorneys general and other officials, which has been effective in impeding Biden administration initiatives by approaching courts inclined towards Republicans.

In their lawsuit, Texas and Louisiana claimed they would bear added costs of detaining people who might be allowed to remain free within the United States, despite their criminal records, by the federal government.

Previously, a Texas federal judge and a New Orleans federal appellate panel refused to intervene when the policy was halted nationwide. An appeals court in Cincinnati had earlier overturned an order by a district judge to put the policy on hold in a lawsuit filed by Arizona, Ohio, and Montana.

When the administration appealed to the Supreme Court for intervention 11 months ago, the justices voted 5-4 to maintain the policy suspension. However, they agreed to hear the case, which was argued in December.

In Friday’s decision, Kavanaugh’s opinion represented only five justices, including Chief Justice John Roberts and the three liberal justices. Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett concurred with the result for differing reasons.

Justice Samuel Alito was the sole dissenter, stating that the decision unfairly favored the president over Congress and left states already grappling with significant illegal immigration issues even more powerless.

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More about Biden’s Deportation Policy

• Supreme Court rejects Republican-led challenge to Biden policy on deportations – NBC News article covering the Supreme Court’s rejection of the challenge.
• Supreme Court Allows Biden’s Deportation Priorities to Stand – The New York Times article providing details on the Supreme Court decision.
• Biden deportation policy upheld by Supreme Court – AP News article discussing the Supreme Court’s ruling on Biden’s deportation policy.
• Department of Homeland Security September 2021 Directive – Official statement from the Department of Homeland Security regarding the September 2021 directive on deportation priorities.