Supreme Court Deals Major Blow To Texas, Louisiana In Deportation Lawsuit

Posted on June 26, 2023 by The Center Square

By Bethany Blankley (The Center Square)

The U.S. Supreme Court dealt a major blow to Texas and Louisiana Friday in a lawsuit over a Biden administration policy that’s helped effectively end most deportations of foreign nationals in the U.S. illegally.

Rather than rule on the merits of the case, in United States v. Texas, the court ruled 8-1 that the states didn’t have standing, or a legal right, to challenge the policy.

Justice Samuel Alito wrote the sole dissent, arguing the justices ignored “a major precedent.”

He wrote:

“The Court holds Texas lacks standing to challenge a federal policy that inflicts substantial harm on the State and its residents by releasing illegal aliens with criminal convictions for serious crimes.

In order to reach this conclusion, the Court brushes aside a major precedent that directly controls the standing question, refuses to apply our established test for standing, disregards factual findings made by the District Court after a trial, and holds that the only limit on the power of a President to disobey a law like the important provision at issue is Congress’s power to employ the weapons of inter-branch warfare – withholding funds, impeachment and removal, etc. I would not blaze this unfortunate trail. I would simply apply settled law, which leads ineluctably to the conclusion that Texas has standing.”

Last June, a federal judge in Texas, U.S. District Judge Drew Tipton, ruled in favor of Texas and Louisiana, arguing they would incur costs due to the federal government’s failure to comply with federal immigration law and deportation policies. The judge ruled the states had standing to sue because of these costs. He also vacated the deportation policy, arguing it was unlawful.

The Biden administration appealed to the Fifth Circuit, which again handed a victory to the states by declining to stay the lower court’s ruling. The Biden administration appealed to the Supreme Court, which granted cert. Last fall, the court heard oral arguments and on Friday ruled the states lacked Article III standing.

Justice Brett Kavanaugh wrote for the majority and was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Justice Neil Gorsuch wrote a different opinion saying the states didn’t have standing for a different reason than the one Kavanaugh gave. He was joined by Justices Clarence Thomas and Amy Coney Barrett. Barrett also wrote her own concurring opinion and was joined by Gorsuch.

At issue is a final memorandum, “Guidelines for the Enforcement of Civil Immigration Law,” issued by Department of Homeland Security Alejandro Mayorkas, drastically altering deportation policies, including limiting issuing detainer requests for dangerous criminal aliens.

In Mayorkas’ final September 2021 memorandum, he also challenged federal law established by Congress that illegal entry is a crime in itself and a deportable offense. The policy states: “The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them. We will use our discretion and focus our enforcement resources in a more targeted way. Justice and our country’s well-being require it.”

Many news organizations reported the Supreme Court ruling would allow the administration to prioritize deporting violent criminals. But under the current administration, deportations immediately dropped by two-thirds in the first fiscal year of the administration, according to CBP data. In fiscal 2021, deportations also dropped to the lowest level since fiscal 1996 despite record-high illegal entries.

Mayorkas’ policy also followed President Joe Biden’s directive, who after taking office ordered a “pause” on deportations.

Last July, 19 attorneys general filed an amicus brief expressing support for Texas’ and Louisiana’s lawsuit, arguing Mayorkas violated federal law and DHS’s actions negatively impacted their states and jeopardized the safety and welfare of Americans.

The AGs argued, and still maintain, “The Amici States and their citizens continue to suffer significant costs from illegal immigration – including billions of dollars in new expenses relating to law enforcement, education, and healthcare programs – as a direct result of Defendants’ failures to enforce immigration law. Those harms are exacerbated by DHS’ increasingly brazen disrespect for the requirements of our nation’s immigration laws and the Administrative Procedure Act.

“The border is in crisis,” they argued. “This DHS Administration is lawless. And the States continue to suffer escalating irreparable harm as the border crisis continually intensifies to successive, ever-more unprecedented levels of illegal crossings.”

Syndicated with permission from The Center Square.

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Chief justice temporarily blocks Title 42 end, indicates further action from court could come soon

Posted on December 20, 2022 by Gabe Ortiz

Chief Justice John Roberts on Monday temporarily halted the Biden administration’s planned lifting of the anti-asylum Title 42 order, granting a so-called emergency appeal from a slate of Republican attorneys general. “So-called emergency appeal,” because the appeals court panel that had last week denied the GOP request noted that the group of 19 attorneys general had waited too long to file their request.

The Biden administration had planned to lift the debunked public health order that’s used the pandemic as an excuse to quickly deport asylum-seekers in violation of their rights Tuesday evening, following a lower court order. Roberts instructed the administration to respond by this evening, indicating more action could be imminent. Legal expert Mark Joseph Stern noted that Roberts’ administrative stay “does not hint at the eventual outcome.”

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Republicans have simultaneously claimed that the Biden administration has an “open borders” policy while insisting that the Title 42 policy—which was implemented against the advice of public health experts by noted white supremacist Stephen Miller and Mike Pence at the beginning of the pandemic in March 2020—must stay in place indefinitely. They have also insisted this public health order remain as they’ve consistently challenged other pandemic-related orders by the administration.

“The Biden administration, for its part, has insisted it is prepared to lift Title 42, saying the restoration of regular immigration procedures, such expedited deportations, will allow the U.S. to gradually reduce migrant arrivals and the high rate of repeat crossings recorded during the pandemic,” CBS News reported.

That last part is crucial: Title 42 in fact led to an increase in apprehensions, because desperate people blocked from their asylum rights and expelled have had no choice but to try again. It’s a failed policy, and its lifting would put our country back on the side of respecting U.S. and international asylum law. In a statement, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said that as required by Roberts’ order, “the Title 42 public health order will remain in effect at this time and individuals who attempt to enter the United States unlawfully will continue to be expelled to Mexico.”

“While this stage of the litigation proceeds, we will continue our preparations to manage the border in a safe, orderly, and humane way when the Title 42 public health order lifts,” Mayorkas continued. “We urge Congress to use this time to provide the funds we have requested for border security and management and advance the comprehensive immigration measures President Biden proposed on his first day in office.”

House Republicans set to take power in the next Congress have indicated they’re serious about leading on immigration policy … by pushing a harebrained idea to impeach Mayorkas. Over what crimes? They haven’t figured that part out yet.

Vice President Kamala Harris similarly noted the need for lawmakers to lead on comprehensive immigration measures, and she called out for Republicans for failing to come to the table. They obsess on the issue of immigration only when it’s election season (my words, not hers). For example, a proposed framework that would have passed permanent relief for young immigrants in exchange for harsh border measures recently failed, derailed by Republicans’ “border first” excuses even though there was border stuff in there.

"I think that there is so much that needs to happen to address the issue," the vice president told NPR. "And sadly, what we have seen in particular, I am sad to say, from Republicans in Congress is an unwillingness to engage in any meaningful reform that could actually fix a lot of what we are witnessing.”

'Arbitrary and capricious': In victory for asylum-seekers, judge orders end to Miller pandemic order

Testimony confirms Title 42 was never about public health, it was about deporting asylum-seekers

Sen. Hawley Introduces Bill To Allow States To Deport Illegal Immigrants

Posted on September 28, 2022 by Becky Noble

Already this fiscal year, the U.S. has seen record-breaking numbers of illegal immigrants crossing the border. So far, over 2.1 million encounters with one month to go.

We’ve seen border states attempt to shame the Biden administration into doing something about it by sending illegal immigrants to northern, liberal areas.

Sen. Josh Hawley (R-MO) has another idea. He’s introducing a bill that would allow individual states to enforce federal immigration laws, and deport illegal immigrants.

Senator Josh Hawley unveils bill that would allow states to enforce federal immigration law, deport migrants https://t.co/rIdPHLBNws

— ImmigLawProfBlog (@immprof) September 28, 2022

Granting More Power To States

Hawley’s bill, the “Empowering States to Deport Illegal Immigrants Act,” would:

Let state prosecutors bring charges for immigration violations
Allow states to deport illegal immigrants
Allow border states more leeway in actually closing their borders with Mexico

Conservatives have been pushing for such changes for some time.

During a recent appearance on the Fox News Channel with host Laura Ingraham, Hawley talked about the legislation and said:

“If Joe Biden isn’t going to enforce immigration laws why don’t we let the states enforce immigration laws? The State of Texas would love to, the states of Florida, Arizona, they’d love to enforce immigration laws. Let them do it, let’s let them secure the border, let’s let them deport illegal immigrants according to our laws. Let’s take the gloves off here, let’s enforce the law, let’s restore order to the border.”

Joe Biden is getting what he wanted: an open border and the destruction of the US immigration system. And the American people are paying the price. Secretary Mayorkas must go – enough is enough https://t.co/7W3JXuKAFL

— Josh Hawley (@HawleyMO) September 21, 2022

Taking Matters Into Their Own Hands

While the Biden administration continues to insist that the southern border is “closed,” governors like Greg Abbott in Texas and Arizona Gov. Doug Ducey have begun taking matters into their own hands.

Back in July, both Abbott and Ducey began transporting busloads of illegal immigrants to self-declared “sanctuary cities” like New York City and Washington D.C. It didn’t take long for the whining from sanctuary city mayors to begin.

New York City Mayor Eric Adams begged the federal government for help as the city’s homeless shelters were being overrun. Washington D.C. Mayor Muriel Bowser asked the federal government to deploy National Guard troops to her city, and claimed that immigrants were somehow being “tricked” into getting on busses headed for New York and Washington D.C.

While calling for National Guard troops, Bowser also added that “local taxpayers are not picking up the tab.”

But perhaps the best illustration of how sanctuary cities don’t really mean sanctuary, is of Florida Gov. Ron DeSantis sending two planeloads of illegal immigrants to Martha’s Vineyard.

Left-wing pundits accused DeSantis of “human trafficking,” and it sent the residents of the tony liberal enclave into a tizzy, declaring they had no way to house and feed just 50 migrants. In less than 48 hours, Massachusetts Gov. Charlie Baker had activated 125 National Guard troops and the migrants were deported off the island to nearby Joint Base Cape Cod.

Aptly named The #EmpoweringStatestoDeportIllegalImmigrantsAct by Sen. Josh Hawley, on Tues would allow states to "enforce" federal immigration law, incl the deportation of illegal immigrants – as Hawley calls for the U.S. to "take the gloves off" to fight illegal immigration.

— Elaine (@lainey116) September 27, 2022

No End In Sight

As Americans listen to Biden administration officials repeatedly tell them that the border is closed and secure, The Political Insider’s own Kat Anderson recently looked at the numbers. The results are pretty alarming.

In August, Customs and Border Patrol (CBP) reported 203,598 “encounters” with migrants at the border. That we know of, because there is no way to track how many “gotaways” avoided Border Patrol Agents and entered the country.

With one month left in Fiscal Year 2022, the total number of encounters is a staggering 2,150,370. The total for Fiscal Year 2021 was 1.7 million, marking an increase of 450,000 this year. Getting a bit anxious yet?

More people have crossed illegally into the United States than the populations of both Chicago and Houston. It is more than the population of 15 states combined. And what should really send a collective chill down the collective American spine, it is more than the total number of active military personnel in Russia, China, and the U.S.

If Josh Hawley’s bill becomes law, border states will truly be the front line against what some in those states are rightly calling an invasion.

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