19 State AGs Petition SCOTUS Supporting Lawsuit Over Altered Deportation Policy
Nineteen attorneys general, led by Arizona AG Mark Brnovich, filed an amicus brief with the U.S. Supreme Court in a case the Biden administration is fighting after a federal judge in Texas ruled against it last month.
Texas and Louisiana sued over a Department of Homeland Security directive altering deportation policy.
The states won in federal district court last month. The Department of Justice appealed, requesting the Fifth Circuit Court of Appeals issue a stay of the lower court’s ruling. The court denied the stay pending appeal July 6. The DOJ then appealed to the U.S. Supreme Court, requesting a stay of the district court’s ruling.
In response, the attorneys general filed an expedited brief with Associate Justice Samuel Alito, the Circuit Justice for the Fifth Circuit.
At issue is DHS Secretary Alejandro Mayorkas changing enforcement of immigration policy by issuing a series of memorandums and directives. He first issued an “interim guidance” Jan. 20 followed by a Feb. 18 ICE memorandum, which drastically altered deportation policy, including limiting issuing detainer requests for dangerous criminal aliens.
His final September 2021 memorandum purports: “The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them. We will use our discretion and focus our enforcement resources in a more targeted way. Justice and our country’s well-being require it.”
The directives are contrary to immigration law established by Congress, Texas Attorney General Ken Paxton and Louisiana Attorney General Jeff Landry argued, and also violate the Administrative Procedures Act.
Since then, Mayorkas has issued other memorandums over which Paxton, Landry, Brnovich, and others have sued. Judges have also ruled in favor of lawsuits filed by Paxton, Landry, Brnovich, and others, having argued Mayorkas doesn’t have the legal authority to change law established by Congress.
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