SCOTUS Takes Up Major Immigration Case Between Texas And Biden Administration | Eastern North Carolina Now

    Publisher's Note: This post appears here courtesy of the The Daily Wire. The author of this post is Hank Berrien.

    Oral arguments began on Tuesday at the Supreme Court in United States v. Texas, in which Texas and Louisiana are fighting against the Biden administration's policy of prioritizing certain illegal immigrants for deportation, leaving the states to fend for themselves against the huge number of illegal immigrants in their states.

    The issue at hand was catalyzed by a September 2021 memorandum from Secretary of Homeland Security Alejandro Mayorkas in which he argued, "We do not have the resources to apprehend and seek the removal of every one of these noncitizens. Therefore, we need to exercise our discretion and determine whom to prioritize for immigration enforcement action."

    "The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them," Mayorkas added.

    But on June 10, 2022, the U.S. District Court for the Southern District of Texas issued a judgment vacating Mayorkas' memorandum. Texas and Louisiana had contended that the federal government had no authority to prioritize some illegal immigrants for deportation over others.

    After the memo was vacated by the court, the U.S. Court of Appeals for the 5th Circuit refused to put the ruling on hold while the Biden administration appealed the decision, asking SCOTUS to freeze the decision. SCOTUS ruled that the decision could stay in effect, but agreed to hear the Biden administration's challenge.

    As Amy Howe of SCOTUS Blog noted, three salient questions are being asked by the Court. SCOTUS is asking both the plaintiffs and defendants whether the states have legal standing. The Biden administration says the states do not have legal standing because they have not been damaged by the federal government, while the states argue that they have to shell out more funds due to the presence of additional immigrants in their state, including public benefits.

    SCOTUS is also inquiring whether the Biden administration policy follows federal immigration law and the federal law governing administrative agencies. The states argue that Congress' federal immigration laws require that the federal government "shall take into custody any alien who" has committed certain crimes "when the alien is released" from criminal custody. In addition, the states argue, Congress' federal immigration laws stated that a final deportation order requires that the federal government "shall remove" the noncitizen within 90 days.

    The word "shall" indicates a mandatory step, the states assert, but the Mayorkas memo makes them discretionary .

    The third question asked by SCOTUS, Howe concludes, is whether the U.S. District Court for the Southern District of Texas had the power to vacate Mayorkas' policy.

poll#169
Considering how abjectly corrupt and civilly abusive the Left has become regarding the corrosive effect of their elected leaders; their entrenched and ruling bureaucracy; employing their failed Education Industry as Indoctrinators; their collusive private sector operators, such as the terminally discredited Legacy Media and Big Tech censorship of Free Speech: What will be the best course forward for hardworking Middle Americans, including the Patriot Class?
  Withdraw from society, go underground and plan for a resurgence when it is feasible to do so.
  Work within the confines of better policy by the People's government, once good sense and sanity is restored in the electorate at large, to achieve such.
  Are you a crazy, nut-job Insurrectionist? Everything is perfect within our plan to achieve our intended goals for the Socialist Left.
  Secession to form a true Constitutional Republic.
189 total vote(s)     What's your Opinion?


poll#166
With the Midterm Elections less than one week away: What do you consider the top issues that you will be voting on to be corrected by your better representation?
  Education
  Crime
  Big Government getting Bigger
  Biden /Democrat controlled Spike in Energy Cost
  Inflation created by Legislation of Majority in Power
  Gender Reassignment
  Corrupted Bureaucratic /Service (DOJ, FBI, etc.) Institutions
  Abortion
  Discredited Legacy Media
  Ending the Corruption of Dishonest Politicians
  Corruptive Influence of Social Media
  Wide Open Southern Border
321 total vote(s)     What's your Opinion?

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