Biden's Department of Homeland Security aspired to focus on deporting immigrants it believes pose a threat to national security or public safety. Other immigrants would have been less of a priority. The administration asked the court to allow it to continue the policy temporarily.
The justices on a 5-4 vote refused the Biden administration's bid to block a federal judge's ruling that had prevented immigration officials from carrying out the enforcement guidelines while litigation over the legality of the policy persists.
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However, the court said in a brief order that it would fast-track the Biden administration appeal and hear oral arguments in December.
Biden's policy left the hard-line approach taken by the Democratic President's Republican predecessor, Donald Trump, who endeavored to extend the range of immigrants subject to detention and expulsion. Biden took office last year pledging a more humane approach to immigration.
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In announcing the new guidelines last September, Biden's administration stressed that U.S. officials have long depended on setting enforcement priorities due to the estimated 11 million immigrants living illegally.
The policy would give agents more discretion to weigh individual circumstances and prioritizes threats to national security or public safety.
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Texas and Louisiana sued in a federal court in Texas over Biden's policy, claiming that under federal law officials lack discretion and are bound to arrest immigrants who commit a wide array of crimes or who have been ordered removed.
U.S. District Judge Drew Tipton agreed on June 10, suspending the policy nationwide. Tipton was selected by Trump.
On July 6, the New Orleans-based 5th U.S. Circuit Court of Appeals refused to block Tipton’s ruling pending an appeal.
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The federal government doesn’t have the resources to detain and deport every immigrant in the country illegally. Like previous administrations, the Biden administration sought to focus immigration enforcement on people it assumes pose a danger to national security or public safety or who are recent border crossers. The Trump administration, by distinction, aimed to remove a wider category of immigrants without such distinctions.
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A federal District court in Texas sided with the states and halted the policy’s enforcement. A three-judge panel of the New Orleans-based U.S. Court of Appeals for the 5th Circuit – all three appointed by GOP presidents – refused to put the district court’s ruling on hold while the administration contemplated an appeal.
The Biden administration filed its emergency request in July, asking the Supreme Court to review the 5th Circuit’s decision.
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