Brandon Loses Another Court Case

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https://www.theepochtimes.com/supreme-court-blocks-biden-admin-policy-narrowing-detainment-deportation-of-illegal-aliens_4616527.html?utm_source=News&utm_campaign=breaking-2022-07-23-3&utm_medium=email&est=pvYMlKZ9SKBRrM3TrI4KbY9jsIFXQW2AHjhsYUQSlSOdyZkx%2Fo1Ev9apfou%2BCeqj

The U.S. Supreme Court gave Texas and Louisiana a temporary legal victory in the border states’ attempt to strike down a September 2021 Brandon administration immigration guideline.

The Supreme Court, in a ruling without explanation on Thursday, allowed a federal judge in Texas to block the Brandon administration’s immigration guideline that, according to the border states’ prosecutors, limits the ability of border agents to detain and deport illegal aliens.

The ruling is a political setback for the Biden administration.

Dissenting justices include Justice Amy Coney Barrett, Justice Sonia Sotomayor, Justice Elena Kagan, and Justice Ketanji Brown Jackson—marking Jackson’s first vote since the start of her tenure last month.

The DHS issued the new immigration enforcement guidelines directing immigration authorities to exercise “discretion” and prioritize detaining or deporting illegal aliens who “pose a threat to national security, public safety, and border security.”

Put into practice, the September 2021 guideline designates that an illegal alien’s lack of legal authorization to stay in the United States “should not alone be the basis of an enforcement action against them.”

This guidance is in direct contrast with the Trump-era DHS policy, which guides immigration authorities to detain and deport illegal aliens in a non-discriminatory manner, except in certain limited cases, such as those who came to the United States as children or are parents of U.S. citizens or permanent residents.

The high court’s ruling gives Texas and Louisiana a temporary victory, at least until the Supreme Court hears the case in the December 2022 argument session.

According to Judge Drew Tipton from the Texas District Court for the Southern District, it is “difficult to deny” that the DHS’s September 2021 memo inflicted harm on the state of Texas.

Tipton sided with the border states in saying that “uncontroverted evidence” shows that the September 2021 memo led to an increase in the flow of illegal immigrants into Texas, with the state needing to spend more money on prosecution, detainment, healthcare, and administration. 

The district court also said that the increase is disproportionate considering the “unprecedented surge of illegal aliens pouring over the border.”

“Given that the number of encounters with illegal border-crossers is ten times what it was in April 2020 … roughly three-fourths of the illegal aliens that cross the border go undetected by DHS entirely,” Tipton wrote.

The ever-escalating legal clash between the border states and the Brandon administration began two days after Brandon took office.

Texas sought a court injunction on a January 20 DHS memorandum that the state attorney general said suspended the deportation of the “vast majority of illegal aliens without any consideration for individual circumstances.”

The DHS issued a new set of immigration guidelines in February 2021 and September 2021—the last of which Texas and Louisiana sued in Texas’s District Court for the Southern District.

Tipton sided with the border state and ruled in June 2022 that the federal government may not “require its officials to act in a manner that conflicts with a statutory mandate imposed by Congress.

Texas and Louisiana showed that the DHS’s September 2021 guidance is “contrary to law,” “arbitrary and capricious,” and “failed to observe” necessary government procedure.

“Using the words ‘discretion’ and ‘prioritization,’ the Executive Branch claims the authority to suspend statutory mandates. The law does not sanction this approach.” 

The Court of Appeals for the Fifth Circuit wrote that some of the Biden administration’s concerns advanced —particularly those replacing “Congress’s statutory mandates—are “extralegal” and “plainly outside of the bounds of power” conferred to Congress by the Immigration and Nationality Act. 

The Fifth Circuit ruling came a day after a polar opposite ruling by the Court of Appeals for the Sixth Circuit on a similar case, in which Arizona, Ohio, and Montana sued the Biden administration on the same grounds.

A spokesperson from the DHS said it “is obligated to and will continue to abide” by the Texas District Court’s decision regarding its September 2021 guidelines “as long as the decision remains in effect.”

The Texas attorney general celebrated the Supreme Court’s ruling as “another win” for Texas and border security.