The court found that Texas and Louisiana, the two states that challenged the administration's guidelines, lacked standing to bring the suit, formally known as United States v. Texas.
Neil GorsuchAmy Coney BarrettUS Supreme Court justice since 2009US Supreme Court justice since 2022that instruct Immigration and Customs Enforcement to focus its deportation efforts in the U.S. interior on immigrants with serious criminal convictions and those deemed to threaten national security.
At the center of the dispute is a memo issued in 2021 by the Biden administration that directed ICE agents to prioritize the arrest of immigrants with serious criminal records, national security threats and migrants who recently entered the U.S. illegally. The policy generally shielded unauthorized immigrants who have been living in the U.S. for years from being arrested by ICE if they did not commit serious crimes.
"They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests," Kavanaugh wrote. "Federal courts have traditionally not entertained that kind of lawsuit; indeed, the States cite no precent for a lawsuit like this."
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