Texas and Missouri remain resolute in border lawsuit despite Biden’s Supreme Court victory.

A Lawsuit to Complete Border Wall Projects Continues Despite Supreme Court Decision

A federal lawsuit aimed at compelling the Biden administration to finish border wall projects funded by Congress during the Trump administration will proceed, despite a recent Supreme Court ruling that blocked state immigration challenges.

The legal action taken by Missouri and Texas to enforce the completion of canceled barrier installations on the U.S.-Mexico border, worth several billions of dollars, will continue even after the highest court ruled that Louisiana and Texas had no legal right to sue the Biden administration over immigration enforcement.

“Missouri remains confident with our case, especially after Justice Kavanaugh noted that the case handed down today was ‘extraordinarily unusual.’ Our case forcing Biden to finish Trump’s border wall will move forward,” said Maddie Sieren, communications director for Missouri Attorney General Andrew Bailey.

Supreme Court Ruling Does Not Impact State Lawsuit

The Supreme Court’s 8-1 decision on Friday overturned a federal court decision from 2022 that had favored Louisiana and Texas, stating that the states had no authority to interfere in how the White House implements federal immigration policies.

Justice Brett Kavanaugh described the Texas and Louisiana suit as “extraordinarily unusual” for attempting to “order the executive branch to alter its arrest policies so as to make more arrests.” The ruling established new limitations on political lawsuits filed by states regarding federal matters.

However, the Supreme Court’s ruling will not affect the state lawsuit that was revived just last week.

Reactions to the Supreme Court Decision

Immigrant advocates and politicians, including Homeland Security Secretary Alejandro Mayorkas, praised the court’s decision to reinstate protocols for immigration enforcement and limit state interference.

Homeland Security Secretary Mayorkas stated, “[The Department of Homeland Security] looks forward to reinstituting these Guidelines, which had been effectively applied by U.S. Immigration and Customs Enforcement (ICE) officers to focus limited resources and enforcement actions on those who pose a threat to our national security, public safety, and border security.”

The American Immigration Council warned states to refrain from involving themselves in law enforcement practices, stating, “Today’s decision on enforcement priorities upholds the common-sense principle that courts should not interfere with decisions by law enforcement agencies.”

The American Civil Liberties Union applauded the court for intervening in what they called a “misguided attempt by those states to force the government to implement a much harsher policy.”

Changes in Immigration Enforcement Priorities

Due to the presence of over 11 million undocumented individuals in the United States, U.S. Immigration and Customs Enforcement (ICE) has had to prioritize who they attempt to arrest. Typically, they focus on individuals with criminal backgrounds, but sometimes officers encounter undocumented immigrants without convictions or charges filed, and they may arrest them.

In 2021, ICE officers were instructed to obtain permission from superiors before taking anyone into custody, with exceptions for cases involving terrorism or espionage, illegal border crossings after November 1, 2020, aggravated felony convictions, and involvement in criminal gangs or transnational criminal organizations.

Under former President Donald Trump, ICE officers were instructed to prioritize the arrest of any undocumented immigrant, including those arrested for driving under the influence or charged with lesser crimes. Since February, ICE officers have had to seek internal approval before targeting specific immigrants who do not meet the three criteria.

ICE arrests have significantly decreased over the past decade, with nearly 300,000 arrests in fiscal year 2009 compared to 143,000 in 2022.

In a separate ruling, the justices upheld a law that criminalizes encouraging illegal immigration, siding with the Biden administration and affirming that the punishment does not infringe upon free speech rights.

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