Supreme Court Hands Significant Immigration Victory to White House

In a significant victory for the White House, the Supreme Court has rejected a Republican-led challenge to a Biden administration policy that focuses on deporting immigrants who pose the highest risk to public safety. With an 8-1 majority vote, the justices authorized the implementation of the policy, acknowledging the limitations in funding and resources to deport all the approximately 11 million illegal immigrants in the United States. Justice Brett Kavanaugh, in the majority opinion, cautioned against setting a precedent that could lead to claims of executive branch under-enforcement of similar laws in the future, such as drug laws, gun laws, or obstruction of justice laws.

At the heart of this case is a September 2021 directive from the Department of Homeland Security, issued after President Joe Biden took office, which halted deportations except in cases involving acts of terrorism, espionage, or extreme threats to public safety. This directive superseded a Trump-era policy that sought to remove anyone in the country illegally, regardless of criminal history or community ties. Louisiana and Texas contended that federal immigration law obligates authorities to detain and expel those unlawfully present in the US, even if they pose minimal or no risk. Justice Kavanaugh, however, expressed his dissatisfaction with the states’ request for the federal judiciary to require the executive branch to make more arrests by modifying its arrest policy.

In their lawsuit, Louisiana and Texas argued that they would incur additional expenses in detaining individuals that the federal government may allow to remain free within the United States, despite their criminal records. Justice Kavanaugh’s opinion was supported by Chief Justice John Roberts and the three liberal justices, while Justices Clarence Thomas, Neil Gorsuch, and Amy Coney Barrett concurred with the outcome for different reasons. Justice Samuel Alito dissented, criticizing the decision for favoring the president over Congress and worsening the challenges faced by states dealing with extensive illegal immigration.