(PatriotWise.com)- In July, the Supreme Court refused to reinstate a Biden administration policy from September that would limit the number of immigration detentions Immigrations and Customs Enforcement officers are allowed to make after a Texas judge said the policy’s guidance to deportation officers violated federal law.
In a 5 to 4 decision, the Court decided it would hear the merits of the case in December while leaving in place the lower court’s ruling blocking the policy, meaning the Biden administration’s attempt to further hamstring the arrest and deportation of illegal aliens remains on hold until the Supreme Court rules in the case.
Voting to reinstate the Biden rule pending the Court’s decision were the three liberal justices, Sotomayor, Jackson, and Kagan, along with conservative justice, Amy Coney Barrett.
In September of last year, the Department of Homeland Security directed ICE officers to prioritize for detention the illegal aliens who pose a threat to national security and public safety while giving a pass to illegal migrants coming for work.
At the time, DHS Secretary Alejandro Mayorkas said being in the country illegally in itself should not be the basis for arrest and removal.
Unsurprisingly, Republican attorneys general filed lawsuits challenging the policy, and the lawsuit from Texas and Louisiana was successful.
Texas judge Drew Tipton agreed that the DHS policy places an undue financial burden on the states, forcing them to cover the cost of education, healthcare, and other services for non-citizens the Biden administration allows to remain in the country. Tipton also said the policy ignores federal laws that require ICE to detain and remove illegals who have committed serious crimes or who were already under an existing deportation order.
Tipton vacated the DHS policy and a panel from the 5th Circuit of the US Court of Appeals rejected the Biden administration’s request to put Tipton’s order on hold while the case made its way through the courts.
With its ruling, the Supreme Court ensured Tipton’s ruling would remain in place while it hears the case in the first week of December.