The U.S. Supreme Court ruled that Texas and Louisiana cannot challenge President Biden’s immigration arrest and deportation guidelines. The court, with an 8-1 majority, did not address whether the guidelines from U.S. Immigration and Customs Enforcement (ICE) violated provisions of the Immigration and Nationality Act. The ruling overturns a previous decision made by a Texas federal judge in June.

Justice Kavanaugh, in the majority opinion, dismissed the states’ claim of standing based on the anticipated costs they would incur due to the Biden administration’s policy. The court stated that Texas and Louisiana do not have a legal basis to challenge the deportation guidelines. Furthermore, the justices determined that the two states did not suffer any concrete harm. They described the lawsuit as “extraordinarily unusual” because it asked the court to require the executive branch to arrest more people. The court also emphasized that the lawsuit undermines the executive branch’s authority to enforce federal laws.

The Biden administration issued updated immigration enforcement guidance in February 2021 prioritizing the deportation of individuals who pose a threat to border security, national security, and public safety. The administration acknowledges that there are more than 11 million unauthorized immigrants in the United States and that the Department of Homeland Security lacks the resources to remove all of them.

If you have any questions about immigration matters, please contact us. We closely monitor updates to U.S. immigration policy and work with our clients every step of the way to keep them informed.