The Supreme Court is hearing oral arguments today in a case that could have major implications on the power of the executive branch to issue rules governing the enforcement of U.S. immigration laws.
The Supreme Court on Tuesday is hearing oral arguments in a case that could have major implications on the power of the executive branch to issue rules governing the enforcement of U.S. immigration laws, as well as the ability of states and organizations to challenge those directives.issued by Homeland Security Secretary Alejandro Mayorkas in September 2021 that instructed Immigration and Customs Enforcement agents to prioritize the arrest of migrants who recently entered the U.S.
While Customs and Border Protection is charged with intercepting unauthorized migrants and illicit drugs along U.S. borders, ICE is responsible for arresting, detaining and deporting immigrants within the U.S. who have committed immigration violations. Amid progressive criticism of large-scale deportations, the Obama administration issued several memos directing ICE agents to focus on arresting certain classes of deportable immigrants, including recent border-crossers and those found to threaten public safety or national security. It also discontinued mass ICE arrests at work sites, which had garnered outcry among advocates during the George W. Bush administration.
In his September 2021 memo, Mayorkas included the same three priority groups for arrest, but eliminated a categorical definition for the public safety category. Instead, he instructed agents to weigh"aggravating factors," such as the gravity of crimes and previous convictions, as well as"mitigating factors" like an immigrant's age, the time they have lived in the U.S. and military service when deciding whether to make an arrest.
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