The Supreme Court dealt the Biden administration a legal setback on Thursday. According to the Washington Examiner, five justices refused to hear its appeal of a lower court decision regarding immigration.
Judge rules against policy limiting arrest of illegal aliens
The issue revolved around a policy that the administration first announced in February of 2021 limiting the power of Immigration and Customs Enforcement (ICE) agents to arrest illegal aliens.
A final version of the new rule was laid out this past September by Secretary of Homeland Security Secretary Alejandro Mayorka, the Examiner noted.
“The fact an individual is a removable noncitizen will not alone be the basis of an enforcement action against them,” the paper quoted a Department of Homeland Security (DHS) statement as saying.
“The Department’s personnel are to use their discretion and focus the Department’s enforcement resources in a more targeted way,” it added.
However, that position was found to be in violation of federal law by Judge Drew Tipton, who presides over the Southern District of Texas.
“The Executive Branch may prioritize its resources. But it must do so within the bounds set by Congress,” the Trump appointee wrote when explaining his decision to block the new policy from being implemented.
“Using the words ‘discretion’ and ‘prioritization,’ the Executive Branch claims the authority to suspend statutory mandates,” Tipton said before insisting that “[t]he law does not sanction this approach.”
Prosecutor complains Biden has created “a de facto amnesty”
In a March report, the Examiner cited figures from the DHS showing that deportations of illegal aliens and their arrest by ICE agents plunged during the first year of Biden’s presidency.
Both went down by 75% from October 2020 through September 2021 at the same that while court cases were being being dropped.
“Attorneys for ICE have begun to throw out tens of thousands of the 2 million backlogged cases in immigration court following a political appointee’s order not to go after illegal border crossers from before the November 2020 election,” stated.
One ICE federal prosecutor who spoke on the condition of anonymity told the Examiner that President Joe Biden has created “a de facto amnesty.”