US Supreme Court halts Biden's 'remain in Mexico' immigration policy
The US Supreme Court votes in favor of preventing the Biden administration from implementing a Trump-era immigration policy.
The US Supreme Court voted not to allow President Joe Biden's administration to carry on with an immigration policy that prioritizes deporting people who are illegally in the country and allegedly pose a public threat.
With a 5-4 vote, the court's order pauses the implementation of the policy till now. Conservative Justice Amy Coney Barrett joined liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson in voting in favor of the Biden administration's immigration policy.
The Supreme Court also announced that in late November, it would hear arguments in the case.
It is noteworthy that the justices acted upon the administration’s emergency request to the court after conflicting decisions by federal appeal courts over a September directive from the Homeland Security Department that halted deportation except for individuals who had committed acts of terrorism, espionage, or "egregious threats to public safety."
Earlier this month, the federal appeals court in Cincinnati overturned a district judge’s order that freezes the policy in a lawsuit filed by Arizona, Ohio, and Montana.
However, a federal judge in Texas ordered a nationwide halt to the guidance as a result of a suit filed by Texas and Louisiana.
In a court filing, Solicitor General Elizabeth Prelogar wrote that the judge’s order amounted to a "nationwide, judicially imposed overhaul of the Executive Branch’s enforcement priorities."
In their Supreme Court filing, Texas and Louisiana argued that the administration’s guidance violates a federal law that requires the detention of people who are illegally in the US and who have been convicted of serious crimes.
The two states indicated they would face additional costs for having to detain people that the federal government might allow to remain free in the US, regardless of their criminal records.
Issued after Biden took office, the guidance updated a Trump administration that deported "illegal" people in the country regardless of their criminal history.