Washington, November 29 (EFE).- The conservative justices of the Supreme Court of the United States criticized this Tuesday the arguments of the government of President Joe Biden during the first hearing of the case on its deportation criteria policy, which imposes different codes. than his predecessor Donald Trump (2017-2021) dictated.
The case involves a lawsuit by Texas and Louisiana over Biden’s deportation policy, unveiled in February 2021, which directs the government’s immigration enforcement agency to prioritize detaining and deporting migrants. have recently crossed the border irregularly, or who have committed some serious crime.
The petitioning states say the new directive is illegal because, by law, Immigration and Customs Enforcement (ICE) is required to detain all undocumented migrants who have committed a crime or have a final deportation order.
Attorneys for the Biden administration emphasized one of the arguments presented by the Department of Homeland Security (DHS) in presenting the guidelines change: “It is not a question of reducing the application of immigration laws, but of prioritizing limited resources.” The lawyer of the government, Elizabeth Prelogar, stated this before the judges of the Supreme Court.
John Roberts, one of the six justices who make up the conservative majority on the nation’s highest court, voiced his opposition to the argument: “Our job is to say what the law says, not whether or not to enforce it. What are the difficulties in doing this.”
Judge Brett Kavanaugh, for his part, directly criticized the guidelines: “Congress has already established its own list of priorities and said that certain types of migrants should be detained, and this memo tells ICE officers not to do that.” .
In addition to the implications for immigration law, there is also the question of what power states have to block government orders through judicial process.
One of the arguments that states have made against Biden’s guidance is that the fact that only certain types of undocumented migrants are detained or deported causes state governments to incur more costs.
Judge Elena Kagan, appointed by former President Barack Obama, expressed concern about that argument: “Now we’re going to be in a situation where every government is being sued by states that can stall policy just by showing that they’ve incurred costs.”
Several measures implemented by the Biden administration have been brought to justice by states with Republican governments in the past year, the most recent being the student debt cancellation policy.
In February 2021, DHS announced guidelines requiring ICE to prioritize the arrest and detention of certain migrants, arguing that the government does not have enough resources to detain the more than 11 million undocumented people in the US.
Last June, a federal judge in Texas ruled against the rules set by the Democratic executive branch, prompting the government to seek emergency intervention from the Supreme Court. The court denied the motion and instead decided to hold an oral hearing with the parties involved.
Source: El Diario