SCOTUS Takes Up Major Immigration Case Between Texas And Biden Administration

Oral arguments have started in what could become a landmark case. Texas and Louisiana are suing the Biden government over their failure to control the border and for their policy of prioritizing which illegal aliens can be deported and which ones cannot. The fact that the Supreme Court is even hearing the case means that at least four justices are open for a finding in favor of the two states. I believe open borders is a criminal act because we have laws on the books addressing illegal immigration.

In September of 2021 memo from the corrupt head of the DHS Alejandro Mayorkas read:

 “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.”

The fact that Bonnie and Clyde robbed banks is not alone be the basis of their arrests or gruesome killing.

Biden and the Democrats have torn down all the protections that President Trump put into place. This was a willful act on their part to break US law and people should pay the consequences for their deliberate acts. Mayorkas has already been given a choice between resigning and being impeached. But, Mayorkas enjoys liberal privilege that places him above the law. He knows he is safe because Democrats 8in the Senate will never allow him to be removed from office.

I doubt that criminal action could be brought against him, but I wonder if the border states could sue him and the4 DHS for refusing to follow the law and the vast amount of money border towns are spending as a result of the illegal immigrant population that is aided and abetted by Joe Biden and Mayorkas. A finding in favor of those border towns could include orders from the court to follow the law or face contempt of court charges. The court would not allow them to continue to bankrupt cities after a judgment has been made against the federal government.

From The Daily Wire

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.