Biden's Department of Homeland Security has directed officers to only deport those who present an imminent threat to the country. Texas argued that policy choice should be thrown out.
PUBLISHED 2:22 PM CST Nov. 29, 2022The Texas challenge to the Biden administration’s immigration policy — presented Tuesday morning at the U.S. Supreme Court — is only one of dozens of lawsuits Texas has filed to overturn the decisions of the Democrat administrations of Presidents Barack Obama and Joe Biden.
Paxton and his predecessor, Gov. Greg Abbott, sued the Obama administration a combined 48 times. Tuesday’s court appearance was a challenge to a memo filed by Department of Homeland Security Secretary Alejandro Mayorkas last year that directed his agency’s deportation resources to focus on those who had committed acts of terrorism, espionage or “egregious threats to public safety.”
That judge shopping, Vladeck wrote, ought to be considered in decisions about the relief owed to Texas. Then Vladeck attached an appendix with specific examples. The only thing a state has to do, Prelogar said, was to find the right judge. And then that judge can claim authority to set a remedial policy, often while putting federal policy in limbo. In that way, a state can stymie an administration’s ability to enact its goals.
The Biden administration was not arguing that states had no standing, Prelogar said. But the administration wanted the court to take separation of powers into consideration.
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