Supreme Court questions Biden attempt to ignore immigration law
The Biden administration was questioned Tuesday over its assumed authority to prioritize which people in the country illegally to deport first during a hearing in a case brought by a pair of Republican attorneys general who argued that the Department of Homeland Security is violating federal immigration laws.
According to Republic Brief, the nation’s highest court is considering a trio of issues distinct to the case, though, after oral arguments, it was not clear which way the justices might swing. Texas and Louisiana brought the case.
“At the heart of the dispute is a September 2021 memo from Homeland Security Secretary Alejandro Mayorkas that laid out priorities for the arrest, detention, and deportation of certain non-citizens, reversing efforts by former President Donald Trump to increase deportations,” CNN reported, which added:
Several of the conservative justices on Tuesday seemed ready to rule in favor of the states on a major threshold issue: whether Texas and Louisiana had the legal right to bring the challenge in the first place.
In addressing whether the DHS guidelines were in conflict with two provisions of federal law, Chief Justice John Roberts and Associate Justices Samuel Alito and Brett Kavanaugh pointed out time and again that the law notes some immigrants “shall” be taken into custody or removed from the country, which appeared to suggest they were skeptical of the department’s assumed discretion.
“Shall means shall,” Roberts said. “Shouldn’t we just say what we think the law is,” he added while suggesting it ought to be left to other branches to “sort that out.”
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Biden seems to think he can amend laws by ignoring them. That is particularly true when it comes to immigration.
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