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SCOTUS to Decide if the President Can Make Immigration Policy

exterior shot of the U.S. Supreme Court in Washington D.C.

The Supreme Court of the United States (SCOTUS) is deciding a critical case that could determine the legality of immigration policy set forth by the Executive branch. The case was initiated by Texas and Louisiana officials following President Joe Biden's revocation of prior Trump-era removal guidelines (often referred to as “Remain in Mexico”). A favorable decision for the administration would provide more leeway for the President to make policy changes determining when an undocumented immigrant may be deported.

General Overview of United States v. Texas (2022)

The issue at stake, in this case, is whether the Executive branch has the legal authority to set policies regarding immigration, particularly when an individual has been convicted of a felony or poses a risk to public safety. The ruling could lead to changes such as rolling back harsher measures implemented by the prior administration and allowing for more protection and rights to those seeking refuge in the United States.

Furthermore, this case deals with whether the Executive can prioritize certain groups for deportation. Texas officials argue that the President does not have the authority to prioritize groups, while Biden's team is defending their position by citing a long-standing precedent of presidential discretion in deciding immigration matters. The federal government notes a lack of resources that would allow all 11 million undocumented immigrants to be deported as a reason for prioritization.

In the initial hearings in late November, Chief Justice Roberts acknowledged a possible prior law passed by Congress allowing for the federal government to deport immigrants who have been convicted of a crime and given an order of deportation, saying, “If Congress has passed a law that it is impossible for the executive to comply with, it's our job to say what the law is, not whether or not it can be possibly implemented or whether there are difficulties there.”

Questions About Your Status? Call (800) 708-4399

Maney | Gordon | Zeller, P.A. has been serving immigrants for over four decades and brings over 100 years of combined legal experience to every case. If you are concerned about your immigration status, call (800) 708-4399 to discuss your legal options with our Board-Certified* immigration specialists.


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