The U.S. Supreme Court has agreed to hear a case that could upend a key part of President Joe Biden’s immigration policy and force him to follow legislation that he has been ignoring until now.
The case involves whether guidance that immigration personnel should not detain or deport migrants who commit certain crimes should supersede legislation that any non-citizen — illegal or legal — who commits these crimes “shall” be detained and deported.
Texas and Louisiana sued the Biden administration over November 2021 guidance by Homeland Security Secretary Alejandro Mayorkas to stop enforcing laws against aliens, including those involved in sex trafficking, selling drugs, prostitution, and certain gun crimes.
The guidance has made it nearly impossible to deport non-citizens for any reason, and has increased the number of illegal immigrants released into the U.S. after trying to cross the border.
Rulings so far
Texas Solicitor General Judd Stone argued powerfully in the case that “Congress did not set agencies free to disregard legislative direction in the statutory scheme that the agency administers.”
And lower courts agreed. The case is now on appeal to the Fifth Circuit, which has not issued a final ruling but has refused to grant a stay of the lower court’s order, indicating that it was “inclined” to agree with the lower court.
The Supreme Court also refused to grant the stay before deciding to take on the full case.
A ruling for the states would be a powerful rebuke to Biden and a reminder that the executive branch does not actually have the power to make laws–a reminder that is much-needed in the era of the “pen and phone” approach to the presidency that was pioneered by Barack Obama.
Ruling next year
Oral arguments in the Supreme Court case are scheduled for December, and a final ruling will not be made until next spring.
By then, hundreds of thousands more illegal immigrants are likely to be in the U.S. because of Biden’s horrible policies on immigration.
It will likely take years to deport all of the criminal illegal immigrants at that point, but we have to start somewhere in undoing all the damage Biden’s policies have done.
Reminding him that he and his cabinet don’t actually make laws and can’t overrule Congress will be a good start.