The US Supreme Court has temporarily blocked a Biden administration immigration policy.
In a 5-4 order, the Supreme Court Thursday denied the Biden administration’s application to reinstate an immigration memorandum that would stop deportation unless the non-citizen is a threat to national security, public safety or border security. Justices Amy Coney Barrett, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented from the majority.
The states of Texas and Louisiana brought a lawsuit challenging this memorandum, which led to US District Court for the Southern District of Texas Judge Drew Tipton vacating the memorandum in June. Then, the Court of Appeals for the Fifth Circuit denied the Biden administration’s request for a stay pending appeal. In Texas and Louisiana’s filing to the Supreme Court, it is argued that federal immigration law requires non-citizens who are undocumented or who have committed certain offenses to be detained.
Attorney General of Georgia Chris Carr joined 19 other attorneys to urge the Supreme Court to stop the memorandum from taking effect. Carr said:
Enough is enough – by continuing to ignore the law and the facts at hand, this administration has put our safety and security at risk. We have continued to push back against this dangerous policy for nearly a year, and we will keep fighting until President Biden drops it for good.
Early in July, the US Court of Appeals for the Sixth Circuit reversed a preliminary injunction against the memorandum, in a case brought by Arizona, Ohio and Montana.
This case is Justice Jackson’s first vote since being appointed to the Supreme Court.
The court will hear oral arguments in the case during its December session.