Texas vs. Biden immigration case

 Scotus Blog:

The Supreme Court will hear oral argument on Tuesday in a dispute over the Biden administration’s authority to set immigration policy. Texas and Louisiana are challenging a federal policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation, arguing that it violates federal law. But the Biden administration and its supporters counter that a ruling for the states would have sweeping implications – not only for immigration policy but also for states’ ability to sue the federal government when they disagree with its actions.

The policy at the heart of United States v. Texas is outlined in a September 2021 memorandum by Secretary of Homeland Security Alejandro Mayorkas on the federal government’s priorities for immigration enforcement. Explaining that there are over 11 million noncitizens currently in the United States who could be subject to deportation, but that the Department of Homeland Security does not have the resources to apprehend and deport all of them, the memorandum instructed immigration officials to prioritize the apprehension and deportation of three groups of noncitizens: suspected terrorists, people who have committed crimes, and those caught recently at the border. Mayorkas’ memo resembles immigration-enforcement policies enacted under President Barack Obama and other prior administrations, though not Donald Trump, who sought to limit the role of discretion in immigration enforcement.

Texas and Louisiana went to federal court in Texas to challenge the Biden administration’s policy, arguing that federal law requires the government to detain and deport many more noncitizens than those identified by Mayorkas as high prioritizes. The federal government, the states argued, does not have the authority to prioritize some unauthorized immigrants for deportation while downplaying others. U.S. District Judge Drew Tipton agreed, and he vacated the policy nationwide in June. The U.S. Court of Appeals for the 5th Circuit declined to put Tipton’s ruling on hold while the government appealed.

The Biden administration came to the Supreme Court in July, asking the justices to freeze Tipton’s order. By a vote of 5-4, the justices left Tipton’s order in place, but they also agreed to take up the challenge and hear oral argument without waiting for the court of appeals to weigh in.

The justices directed the Biden administration and the states to address three specific questions. The first is whether the states have a right to bring their lawsuit at all – a concept known as legal standing. The Biden administration maintains that they do not, stressing that states can sue the United States only if they are directly injured by the federal government. But Texas and Louisiana, U.S. Solicitor General Elizabeth Prelogar writes, have argued only that the presence of additional noncitizens in their states may cost them more – for example, by requiring them to shoulder the costs of keeping noncitizens in prison or by providing them with public benefits. And courts have never recognized these kinds of indirect costs as creating a right to sue, the administration says. If this lawsuit is allowed to go forward, the administration warns, it will mean that any state could “sue the federal government about virtually any policy.”
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There is much more.

The problem with the Biden immigration policy is much broader than just who the administration will deport.  They are not even trying to stop illegal entry into the country.  There is a wholesale failure to enforce the immigration laws at the border and the Biden administration has actually been facilitating illegal immigration and transporting illegals deeper into the country.