At the center of the immigration legal fight is a September 2021 directive from the Department of Homeland Security that paused deportations unless individuals had committed acts of terrorism, espionage or “egregious threats to public safety.”
The guidance, issued after Joe Biden became president, updated a Trump-era policy that removed people in the country illegally regardless of criminal history or community ties.
Texas and Louisiana, which sued over the directive, responded that the administration’s guidance violates federal law that requires the detention of people who are in the U.S. illegally and who have been convicted of serious crimes.
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