The US District Court for the Northern District of Florida Wednesday ruled that President Joe Biden’s alternatives to migrant detention programs are unlawful.

The court relied on US Supreme Court precedent that only Congress, rather than the President, has “complete and absolute power” over immigration issues and “plenary power” over the “admission and exclusion of aliens.” This authority is reflected in the Immigration and Nationality Act (INA).

Under Section 1225(b)(1)(A) of the INA, noncitizens who arrive in the US without proper documents are subject to expedited removal “without further hearing or review.” However, should the person intend to apply for asylum or maintain a fear of persecution, the noncitizen “shall be detained” pending a determination of their case. The court argued that the use of the word “shall” does not give the administration authority to not detain people.

The state of Florida argued that the Biden administration’s alternatives to detention and prosecutorial discretion programs are unconstitutional, as they do not conform to the strict language of the INA. The state also contended that the executive does not have discretionary power to direct such programs, particularly over the state.

The judgment referenced the alleged “immigration crisis” at America’s southern border and described the US-Mexico border as a “meaningless line in the sand” as a result of anti-detention campaigns. The Refugee and Immigrant Centre for Education and Legal Services (RAICES) has commented on the crisis, stating, “Misleading media coverage is stoking fear and anxiety in the public as families seeking safety and asylum within the U.S. arrive in El Paso, Texas.”

Under the Administrative Procedure Act, the court assumed authority to vacate the alternatives to detention program. The judgment is stayed for seven days to allow the Biden administration to seek an appeal.