Yesterday, the US Supreme Court handed Texas another victory by denying the Biden Administration’s request to stay a lower court’s vacating an illegal Department of Homeland Security (DHS) memo . Consequently, the Administration must continue to follow the law while awaiting new judicial proceedings.
This case arises out of a federal district court’s abandonment of a DHS immigration enforcement priority memo. The judge concluded that the note is contrary to law, arbitrary and capricious, and procedurally illegal for not having gone through notice and comment procedures. The core of the case is about certain immigration statutes, which say DHS “shall detain” aliens with certain criminal convictions and those with final orders of removal. Instead of complying with these statutes, DHS chose to follow its own directives to the contrary, which do not require the detention of these aliens.
After Texas won in federal district court, the Biden administration asked the Court of Appeals for a stay, which was denied. The Administration then went to the Supreme Court, which dismissed its petition and set oral argument on the merits for December 2022.
“The Biden administration cannot avoid breaking the law, especially the immigration law,” said Attorney General Paxton. “They’ve asked every court in the Supreme Court to let them go, and every time the court says ‘no.'” Yesterday, the Supreme Court made it clear that as we prepare for oral argument this winter, the Biden administration must detain illegal aliens with criminal convictions. It’s the right legal decision and it’s what’s best for Texas and our nation.”
To read the SCOTUS order click here.
