Jul 21, 2022 - Politics & Policy

Supreme Court won't restore Biden policy on immigration enforcement

U.S. Customs and Border Protection officer speaks with migrants seeking asylum inside a vehicle before they are transferred to temporary shelters in Yuma, Arizona, U.S., on Monday, Feb. 21, 2022.
U.S. Customs and Border Protection officer speaks with migrants seeking asylum in Yuma, Ariz., on Feb. 21. Photo: Nicolo Filippo Rosso/Bloomberg via Getty Images

The Supreme Court on Thursday said it won't restore immigration enforcement guidelines issued by the Biden administration, after a federal judge in Texas blocked the policy.

Driving the news: The Supreme Court said that it would take up an appeal of the case later this year but offered no other reasoning, which is standard when the justices act on emergency applications, the New York Times reports.

The big picture: The Biden administration in September issued new rules governing immigration arrests, including asking U.S. officials to focus on immigrants who were national security threats and migrants who recently crossed the border illegally.

  • The guidelines also gave Immigration and Customs Enforcement agents discretion in enforcing immigration. "We will use our discretion and focus our enforcement resources in a more targeted way," per the guidelines.
  • Federal Judge Drew Tipton in June blocked the administration's policy and sided with Texas and Louisiana. Tipton argued that the policy was outside the "bounds set by Congress."
  • "Using the words 'discretion' and 'prioritization,' the Executive Branch claims the authority to suspend statutory mandates. The law does not sanction this approach," Tipton wrote.

What to watch: The Supreme Court said that it will hear arguments on the case in December.

Go deeper... Report: Judge blocks Biden policy limiting immigration enforcement

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