FILE- Light illuminates part of the Supreme Court building on Capitol Hill in Washington, on Nov. 16, 2022. (AP Photo/Patrick Semansky, File)
Mississippi was one of the states that supported Texas and Louisiana’s challenge to the Biden Administration’s border policy.
In an 8-1 opinion issued Friday, the US Supreme Court rejected a challenge to the Biden Administration’s deportation policy in what the justices called “an extraordinarily unusual claim.”
Judge Samuel Alito was the only dissenter.
The challenge came from the states of Texas and Louisiana after the Department of Homeland Security issued new guidelines for immigration enforcement in 2021. The guidelines prioritized the arrest and removal of non-citizens suspected of being terrorists or criminals. dangerous, or who entered the country illegally. country recently.
Texas and Louisiana sued the Department of Homeland Security. The states argued that the Department’s new guidelines violated federal statutes that allegedly required the Department to arrest more noncitizen offenders pending removal. As Judge Brett Kavanuagh declared on behalf of the Court, the states essentially wanted the federal judiciary to order the executive branch to change its arrest policy to make more arrests.
“But this Court has long held ‘that a citizen lacks standing to challenge the policies of the taxing authority when he himself is not prosecuted or threatened with prosecution,’” Judge Kavanaugh wrote. “In accordance with that fundamental Article III principle, we conclude that States lack the Article III capacity to bring this claim.”
Kavanaugh goes on to say that the states filed an extraordinarily unusual lawsuit.
“They want a federal court to order the Executive Branch to modify its arrest policies to make more arrests. Federal courts have traditionally not considered that type of trial; in fact, the States cite no precedent for a lawsuit like this,” the judge wrote for the majority.
However, while states lack standing, according to the opinion, Justice Kavanaugh wrote that the judges “do not suggest that federal courts never hand over cases involving the alleged failure of the Executive Branch to make more arrests or bring more prosecutions.” .
Justice Kavanaugh continues to take the view that there are other forums for reviewing Administration policies, namely Congress and the ballot box.
“Congress possesses a variety of tools to analyze and influence those policies: oversight, appropriations, the legislative process, and Senate confirmations, to name a few,” the opinion describes. “And through elections, American voters can influence Executive Branch policies and hold elected officials accountable for enforcement decisions. In any case, those are political checks on the political process. We do not opine on whether such actions are appropriate in this case.”
Mississippi was one of the other states that filed an amicus brief with the Supreme Court in support of Texas and Louisiana. The other states included Arizona, Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Kentucky, Indiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming.