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  1. #1
    Senior Member Scott-in-FL's Avatar
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    SCOTUS to Hear Case Challenging Joe Biden’s ‘Sanctuary Country’ Orders

    SCOTUS to Hear Case Challenging Joe Biden’s ‘Sanctuary Country’ Orders

    by JOHN BINDER 28 Nov 2022

    The Supreme Court of the United States (SCOTUS) will hear oral arguments in a case where states are seeking to block President Joe Biden’s so-called “sanctuary country” orders from being implemented.

    In February 2021, Biden implemented a series of enforcement orders that protect most of the nation’s 11 to 22 million illegal aliens from arrest and deportation by Immigration and Customs Enforcement (ICE).

    Specifically, the orders prevent ICE agents from arresting and deporting most illegal aliens in the U.S. unless they are considered a threat to public safety, a threat to national security, or arrived sometime after November 2020.

    In August 2021, Judge Drew Tipton of the Southern District of Texas issued a nationwide preliminary injunction, halting the implementation of the orders, after Texas and Louisiana sued the Biden administration.

    That injunction was put on hold by a three-judge panel in September 2021 but the full 17-judge Fifth Circuit vacated that decision.

    On Tuesday, SCOTUS will hear arguments from the Biden administration where they attest that the orders have only “incidental effects” on states in terms of needing more public resources to deal with a growing illegal alien population that is largely exempt from arrest and deportation.

    “… a State may not sue the federal government based on such indirect, derivative effects,” the Biden administration is set to argue:

    Federal policies routinely have incidental effects on States’ expenditures, revenues, and other activities.

    Yet such effects have never been viewed as judicially cognizable injuries
    . As the recent explosion in state suits vividly illustrates, respondents’ contrary view would allow any State to sue the federal government about virtually any policy—sharply undermining Article III’s requirements and the separation of powers principles they serve. [Emphasis added]

    Meanwhile, the states will argue that the orders are unlawful for three reasons:

    First, it is contrary to law because sections 1226(c) and 1231(a)(2) mandate detention
    , as this Court has repeatedly stated. DHS identifies no INA provision that prevents this Court from reaching that conclusion. Second, the Final Memorandum is arbitrary and capricious because it failed to consider important aspects of the problems criminal aliens create, including recidivism and States’ reliance interests. Third, the Final Memorandum is procedurally invalid because it was not adopted through notice-and-comment procedures, which are required where agency action substantively changes a regulatory regime. [Emphasis added]

    As Breitbart News reported, the orders were hugely impactful in terms of cutting the number of arrests and deportations of illegal aliens in Fiscal 2021.

    For example, before the orders were implemented, ICE agents were deporting about 121 illegal aliens every day. After the orders went into effect, ICE agents were left deporting just 65 illegal aliens every day.

    The case is United States v. Texas, No. 22-58 in the Supreme Court of the United States.

    SCOTUS to Hear Case Challenging Biden's 'Sanctuary Country' Orders (breitbart.com)
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  2. #2
    Moderator Beezer's Avatar
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    Washington D.C. is not a state. Send all 35 million to D.C. to wait for their cases to be heard. Then they will stop this invasion.
    TO BECOME AN AMERICAN YOU MUST CHANGE YOUR VALUES ...NOT YOUR LOCATION

    STAY HOME AND BUILD AMERICA ON YOUR SOIL

  3. #3
    Moderator Beezer's Avatar
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    Supreme Court to hear arguments in case challenging Mayorkas deportation memo







    Supreme Court to hear arguments in case challenging Mayorkas deportation memo



    Brianna Herlihy
    Tue, November 29, 2022 at 6:00 AM



    The Supreme Court will hear arguments today in a lawsuit brought by Republican Attorneys General Ken Paxton of Texas and Jeff Landry of Louisiana that says President Biden’s Department of Homeland Security is ignoring laws passed by Congress that regulate the detention of illegal immigrants.

    Their lawsuit claims that Homeland Security Secretary Alejandro Mayorkas acted unlawfully when he issued a memo that limited the authority of U.S. Immigration and Customs Enforcement (ICE) to deport illegal immigrants.

    In September 2021, Mayorkas sent a memo to ICE and other relevant agencies stating that there are "more than 11 million undocumented or otherwise removable noncitizens in the United States" and that DHS does not have "the resources to apprehend and seek the removal of every one of these noncitizens."

    He directed the agencies to "exercise our discretion and determine whom to prioritize for immigration enforcement action."

    "In exercising our discretion, we are guided by the fact that the majority of undocumented noncitizens who could be subject to removal have been contributing members of our communities for years," Mayorkas said in the memo.

    "They include individuals who work on the frontlines in the battle against COVID, lead our congregations of faith, teach our children, do back-breaking farm work to help deliver food to our table, and contribute in many other meaningful ways."

    BORDER STATE LAWMAKER WARNS MAYORKAS TO RESIGN OR FACE GOP-LED HOUSE PROBE





    A memo from Secretary of Homeland Security Alejandro Mayorkas will be at the center of Supreme Court oral arguments on Tuesday, Nov. 29, 2022.

    "The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them," he continued. "We will use our discretion and focus our enforcement resources in a more targeted way."

    READ ON THE FOX NEWS APP

    Texas and Louisiana sued the administration and said compliance with the memo meant ICE was violating federal law because it refused to take custody of "dangerous criminal illegal aliens."

    The states also claimed that DHS, as an executive branch agency, has no authority to "disregard legislative direction" given by Congress. The states also argued that the memo caused DHS to rescind "detainers" – notices from DHS that they intend to take custody of criminals released from prison for deportation.

    Earlier this year, a federal district court found that "numerous criminal aliens with rescinded detainers had reoffended, failed to comply with state parole conditions, or simply disappeared."

    That court also said the states have standing in the lawsuit because they "bear costs related to law enforcement, recidivism, healthcare, and education that are traceable to the Final Memorandum" and that the DHS memo was contrary to law and procedurally unlawful because it constituted a policy that did not go through formal notice-and-comment procedures.

    TEXAS BORDER PATROL AGENTS SEIZE OVER $14 MILLION IN COCAINE AND FENTANYL

    DHS PUSHES BACK AGAINST MCCARTHY CALL FOR MAYORKAS TO RESIGN OR FACE POTENTIAL IMPEACHMENT

    Federal District Court Judge Drew Tipton said the DHS memo was "an implausible construction of federal law that flies in the face of the limitations imposed by Congress."

    "Whatever the outer limits of its authority, the Executive Branch does not have the authority to change the law," Tipton added.

    After the states won in federal district court, the Biden administration sought a stay in the court of appeals, which was denied. The administration asked the same of the Supreme Court, which denied their request and set oral arguments on the merits for today.





    "The Biden administration just can’t help itself from breaking the law — especially immigration law," said Texas Attorney General Ken Paxton.

    "The Biden administration just can’t help itself from breaking the law — especially immigration law," said Paxton upon the court’s denial of the Biden administration's request. "They have begged every court up to the Supreme Court to let them off the hook, and every time the court says no."

    CLICK HERE TO GET THE FOX NEWS APP

    He added that "the Supreme Court made clear that, while we prepare for oral argument this winter, the Biden administration must detain illegal aliens with criminal convictions."

    The states are now hoping the court rejects the Biden administration's appeal on the merits.


    https://www.yahoo.com/news/supreme-c...110001195.html







    Last edited by Beezer; 11-29-2022 at 01:56 PM.
    TO BECOME AN AMERICAN YOU MUST CHANGE YOUR VALUES ...NOT YOUR LOCATION

    STAY HOME AND BUILD AMERICA ON YOUR SOIL

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