Some conservative judges seem inclined to decide in favor of the Republican governments of Texas and Louisiana to suspend the deportation guidelines of the Government of President Joe Biden.
That would mean that the Immigration agency and Customs Control (ICE) would once again have the endorsement of detaining and placing any undocumented immigrant in deportation proceedings, regardless of whether or not they have a criminal record.
Judges Samuel Alito, the president of the Court John Roberts and Judge Brett Kavanaugh expressed skepticism about the “discretionary” policies of the September memorandum, signed by Homeland Security Secretary Alejandro Mayorkas.
“Shouldn’t we just say what the law is? ”, Judge Roberts suggested this Tuesday.
Texas Attorney Judd Stone said that the government he represents wants immigration agents to strictly apply the immigration law approved by Congress.
He pointed out that without the guidelines, the Texas Government believes that it would be better off in terms of ICE policies.
“Without the guidelines, the Government will enforce immigration laws in a different way that suits Texas,” he stated the.
Meanwhile, Attorney Elizabeth Prelogar, who represents the Biden Administration, pointed out that it is “impossible” to detain and deport all undocumented immigrants, because there are insufficient resources.
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“Judge Cavanaugh, you asked what the consequences would be…if this court really said that it would waive all [immigration] enforcement discretion, then DHS would be under a legally enforceable obligation to take enforcement action against anyone,” said Attorney Prelogar. “That means we wouldn’t have the resources or the ability to go after people who are threats to public safety, national security, and border security.”
Judge Sonia Sotomayor questioned the claimant governments’ argument, considering that the decision to arrest and deport It applies at its discretion, something that it maintains established in the questioned memorandum, where immigration officials are instructed to take into consideration “several factors” for the arrest of an immigrant.
This case was accepted by the High Court after a lawsuit by the Republican governments of Texas and Louisiana against the September memorandum of
The judges questioned three aspects: 1) whether a state has the right to sue the federal government over its immigration policies; 2) whether the Biden Administration’s deportation rules obey immigration law, and 3) whether Texas District Judge Drew Tipton had the power to stay such an order.
There is no specific date for for the Supreme Court to make a decision, but if it is against, then ICE could detain any undocumented immigrant.