In February of 2021, the Biden administration announced a new policy which would limit the ability of Immigration and Customs Enforcement (ICE) agents to arrest illegal aliens.
The change was blocked by a federal judge, however, and this week the Supreme Court made clear that it won’t be getting involved.
The lower court decision allowed to stand
According to the Washington Examiner, a majority of the Supreme Court’s justices announced on Thursday that they will not review a decision by Judge Drew Tipton, who presides over the Southern District of Texas.
The Examiner reported in June that Tipton found the administration violated federal law when it imposed new limits on who ICE agents may target for removal.
“The Executive Branch may prioritize its resources. But it must do so within the bounds set by Congress,” declared Tipton, who was appointed by former President Donald Trump.
“Using the words ‘discretion’ and ‘prioritization,’ the Executive Branch claims the authority to suspend statutory mandates,” he added, stressing, “The law does not sanction this approach.”
Prosecutor says Biden’s policy is “a de facto amnesty”
The Examiner noted that in September, Secretary of Homeland Security Secretary Alejandro Mayorkas laid out a final version of his department’s new rules governing the arrest of illegal immigrants.
“The fact an individual is a removable noncitizen will not alone be the basis of an enforcement action against them,” a Department of Homeland Security (DHS) statement was quoted 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.
The Examiner cited DHS figures as showing a drop of 75% in both the number of deportations as well as arrests made by ICE agents from October 2020 through September 2021.
What’s more, the paper went on to report, “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.”
An ICE federal prosecutor who spoke to the Examiner on the condition of anonymity was quoted as complaining that the policy amounts to “a de facto amnesty.”